Section 130 CrPC: Armed Forces for Dispersing Unlawful Assemblies – Code of Criminal Procedure

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Section 130 CrPC: Armed Forces for Dispersing Unlawful Assemblies

This section of the Code of Criminal Procedure (CrPC) empowers the government to utilize armed forces to disperse unlawful assemblies when the situation demands it.

1. State the Code

Section 130 CrPC states:

“Whenever any unlawful assembly, or riot, or affray, or any other disturbance of the public peace, occurs, or is apprehended, and the Magistrate in charge of the local area is of opinion that the ordinary police force is insufficient to deal with the situation, he may, if he thinks fit, apply to the officer commanding any military force stationed within his jurisdiction for assistance.”

2. Explain it

This section grants the Magistrate the authority to request the assistance of the military when:

  • An unlawful assembly, riot, affray, or any other disturbance of the public peace occurs or is anticipated.
  • The Magistrate believes the regular police force is inadequate to handle the situation.

It’s important to note that this power is exercised only when the situation necessitates it and the ordinary police force is insufficient.

3. Illustrate it

Imagine a large-scale protest that turns violent, causing significant damage to public property and posing a threat to law and order. In this scenario, if the police are outnumbered or overwhelmed, the Magistrate can request military assistance to restore order and protect public safety.

4. Common Questions and Answers

Q: Can the military independently disperse an unlawful assembly without the Magistrate’s orders?

A: No, the military cannot act independently. Section 130 CrPC mandates that the Magistrate must request their assistance.

Also Read  CrPC Section 276: Record of Trial Before Court of Session

Q: What are the limitations on the use of military force?

A: The use of force must be proportionate to the threat posed, and the military must act under the supervision and control of the Magistrate.

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