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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 ?
Explanation
Under Section 148 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the power to command an unlawful assembly to disperse is primarily vested in an Executive Magistrate or the officer-in-charge of a police station. The statute explicitly states that in the absence of the officer-in-charge, any police officer not below the rank of a Sub-Inspector may command such an assembly to disperse. This provision is designed to ensure that public peace and order can be restored promptly even when the primary authorized officials are unavailable. It mirrors the legal framework previously found in Section 129 of the Code of Criminal Procedure (CrPC), 1973, maintaining the threshold of authority at the Sub-Inspector level to balance operational necessity with administrative accountability.