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Who among the following officers is not authorized to dispense an unlawful assembly by the use of civil force?
Explanation
Under Section 129 of the Code of Criminal Procedure (CrPC), 1973 (and corresponding Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the power to disperse an unlawful assembly by the use of civil force is restricted to specific ranks to prevent the misuse of power. The authorized officers are:
- Any Executive Magistrate.
- The officer in-charge of a police station (SHO).
- In the absence of the officer in-charge, any police officer not below the rank of a sub-inspector.
A constable is not vested with the legal authority under this section to independently command the dispersal of an assembly or use civil force for this specific purpose. Thus, option D is the correct answer as it identifies the unauthorized officer.
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 ?
Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service? (a) Article 309 (b) Article 311 (c) Article 315 (d) Article 320
Which of the following statement(s) with regard to the Armed Forces (Special Powers) Act, 1958 is/are correct ? 1. The Act is applicable only to the States of Manipur, Tripura and Nagaland. 2. A person taken into custody under the above Act must be handed over to the officer-in-charge of the nearest police station with least possible delay. 3. An area can be declared as a disturbed area under the above Act only when the State Government is of the opinion that the use of the armed forces in aid of civil power is necessary to contain a dangerous condition in the concerned area. Select the correct answer by using the code given below :
Which of the following has the power to pass orders prohibiting any person from repeating or continuing a public nuisance?