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Consider the following statements related to the use of armed forces to disperse unlawful assembly :
1. Armed forces can be used when it cannot be otherwise dispersed.
2. Armed forces can be used when it is necessary for the public security.
3. Whether armed forces be used or not can be decided by any Executive Magistrate.
4. Whether armed forces be used or not can be decided by the Executive Magistrate of the highest rank who is present.
Which of the statements given above are correct ?
Explanation
Under Section 130 of the Code of Criminal Procedure (CrPC), 1973 (and Section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023), armed forces may be used to disperse an unlawful assembly under specific conditions. According to the law, if such an assembly cannot be otherwise dispersed and it is necessary for the public security, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. Therefore, statements 1 and 2 are correct as they define the necessary conditions, and statement 4 is correct because it identifies the specific authority empowered to make the decision. Statement 3 is incorrect because the power is restricted to the highest-ranking magistrate present, rather than any Executive Magistrate.
SIMILAR QUESTIONS
Consider the following statements in the light of the Bharatiya Nagarik Suraksha Sanhita, 2023 : 1. Any police officer of any rank may command any unlawful assembly that is likely to cause a disturbance of the public peace to disperse. 2. If an unlawful assembly despite being commanded to disperse, cannot otherwise be dispersed, any police officer may cause it to be dispersed by the armed forces. Which of the statements given above is/are correct ?
Under which one of the following situations may dispersal of assembly by use of civil force not be commanded by any Executive Magistrate or Officer-In-Charge of a police station ?
Who among the following officers is not authorized to dispense an unlawful assembly by the use of civil force?