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

Under Section 132 of the Code of Criminal Procedure (CrPC), 1973 (and similarly under Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023), legal protection is provided to persons acting to disperse an unlawful assembly. The law specifically states that no prosecution shall be instituted in any Criminal Court against an officer or member of the armed forces for any act purporting to be done during such dispersal, except with the sanction of the Central Government.

This protection applies even if the officer is alleged to have exceeded their power, as long as the act was performed in the course of duty. The provision ensures that personnel acting to maintain public order are not subjected to arbitrary or retaliatory legal proceedings without a preliminary review by the Union government. Therefore, for an army officer, the Central Government is the competent authority to grant sanction for prosecution.