Code:
1[265A. Application of the Chapter.–(1) This Chapter shall apply in respect of an accused against whom–
(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204,
but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.]
Explanation:
- This section ensures the application of Chapter XIII (dealing with public order) to various gatherings.
- It mandates that these provisions apply to public meetings, processions, or assemblies within the jurisdiction of certain magistrates.
- For other areas, the State Government has the authority to extend the application of this chapter through notifications.
Illustration:
Suppose a large public rally is planned in a city. If the rally falls under the jurisdiction of a Metropolitan Magistrate or a Magistrate of the first class, the provisions of Chapter XIII of CrPC will automatically apply.
This means that the organizers of the rally need to follow the regulations outlined in Chapter XIII, such as obtaining permission, ensuring peaceful conduct, and complying with any restrictions imposed by the authorities.
Common Questions and Answers:
Q: What are the provisions covered under Chapter XIII?
- A: Chapter XIII deals with various provisions related to public order, such as restrictions on assemblies, processions, and public meetings; powers of the police to regulate such gatherings; and measures to prevent breaches of peace.
Q: Can the State Government exempt certain areas from the application of Chapter XIII?
- A: Yes, the State Government can, by notification, exempt specific areas from the application of Chapter XIII. This is done based on the specific circumstances of the area and the need for maintaining public order.
Q: What happens if the organizers of a public meeting violate the provisions of Chapter XIII?
- A: Violations of the provisions of Chapter XIII can lead to legal action, including fines and imprisonment. The specific consequences will depend on the nature of the violation and the severity of the disruption caused.
