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Q103 (CISF/2022) Polity & Governance › Governance, Policies & Social Justice

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.

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SIMILAR QUESTIONS

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