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As per Section 129 of the Code of Criminal Procedure, 1973, dispersal of unlawful assembly by civil force can be commanded by
Explanation
Section 129 of the Code of Criminal Procedure (CrPC), 1973, provides for the dispersal of an unlawful assembly using civil force. According to Section 129(1), the authority to command an unlawful assembly (or any assembly of five or more persons likely to cause a disturbance of public peace) to disperse is specifically vested in:
- Any Executive Magistrate.
- The Officer-in-charge of a police station.
- In the absence of such officer, any police officer not below the rank of Sub-Inspector.
Judicial Magistrates do not possess this power under Section 129, as the maintenance of public order is an executive function. Option B accurately reflects the statutory requirements of the section, including the specific rank threshold for police officers.
SIMILAR QUESTIONS
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 ?
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 ?
If, during dispersal of an unlawful assembly, an army officer, commanded to disperse it, exceeds his power which had resulted into the death of four women and three children, that army officer can be prosecuted with the sanction of
Which one of the following under the Bharatiya Nagarik Suraksha Sanhita, 2023, may command any unlawful assembly to disperse, if any Executive Magistrate or officer-in-charge of a police station is absent ?