CrPC Section 265A: Application of Chapter
This section of the Code of Criminal Procedure (CrPC) deals with the application of Chapter XIII, which pertains to the maintenance of public order and tranquility.
1. Code:
CrPC Section 265A states:
“The provisions of Chapter XIII shall apply to every public meeting, procession, or assembly within the local limits of the jurisdiction of a Metropolitan Magistrate or a Magistrate of the first class, or in any other case as the State Government may, by notification in the Official Gazette, direct.”
2. 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.
3. 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.
4. 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.
