Code:
(1) Any Executive Magistrate or officer in charge of a police station or, in the
absence of such officer in charge, any police officer, not below the rank of a sub-inspector,
may command any unlawful assembly, or any assembly of five or more persons likely to
cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of
the members of such assembly to disperse accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without
being so commanded, it conducts itself in such a manner as to show a determination not to
disperse, any Executive Magistrate or police officer referred to in sub-section (1), may
proceed to disperse such assembly by force, and may require the assistance of any person,
not being an officer or member of the armed forces and acting as such, for the purpose of
dispersing such assembly, and, if necessary, arresting and confining the persons who form
part of it, in order to disperse such assembly or that they may be punished according to law.
Explanation:
This section deals with the power of Executive Magistrates and police officers to disperse unlawful assemblies. It essentially empowers them to command any assembly of five or more persons, which is deemed unlawful or likely to cause disturbance of public peace, to disperse. Failure to comply with this command allows the officers to use force to disperse the assembly and even arrest those involved.
Illustration:
Imagine a group of 10 people gathers in a public place, shouting slogans and causing commotion. This assembly, due to its size and disruptive behavior, is deemed likely to disturb public peace. An Executive Magistrate or a police officer present at the scene can order the group to disperse. If the group refuses to comply, the officer can use reasonable force, including arrests, to disperse the assembly.
Common Questions and Answers:
- Q: What constitutes an unlawful assembly?
A: An unlawful assembly is a gathering of five or more persons who are acting in a manner that is likely to cause disturbance of the public peace. This includes activities like rioting, public disorder, or any other behavior that threatens public safety.
- Q: What kind of force can be used to disperse an assembly?
A: The use of force should be proportionate to the situation. It must be reasonable and necessary to disperse the assembly. Excessive force is not permitted.
- Q: Can civilians be asked to assist in dispersing an assembly?
A: Yes, the officers can request the assistance of civilians. Although, they are not part of the armed forces, for the purpose of dispersing the assembly.
