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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 ?
Explanation
The power to disperse an assembly using civil force is governed by Section 129 of the Code of Criminal Procedure (CrPC), 1973 (now Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023). According to this provision, an Executive Magistrate or an Officer-in-Charge of a police station may command dispersal in the following situations:
- An unlawful assembly (as defined under the IPC/BNS).
- An assembly of five or more persons likely to cause a disturbance of the public peace.
- When an assembly conducts itself in such a manner as to show a determination not to disperse (allowing the use of force to disperse it).
The mere likelihood of an assembly "inviting more persons to join" is not a statutory ground mentioned under these sections for commanding dispersal by use of civil force. Therefore, option C is the correct answer.
SIMILAR QUESTIONS
Who among the following officers is not authorized to dispense an unlawful assembly by the use of civil force?
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 ?
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?