Dispersal Of Assembly By Use Of Civil Force
Code:
- Command to Disperse:
- Any Executive Magistrate, officer in charge of a police station, or in the absence of such an officer, any police officer not below the rank of sub-inspector, may command any unlawful assembly or an assembly of five or more persons that is likely to disturb public peace to disperse. It becomes the duty of the members of such an assembly to comply with this command and disperse.
- Use of Force:
- If the assembly does not disperse after being commanded or conducts itself in a manner that shows a refusal to disperse, any Executive Magistrate or police officer mentioned in subsection (1) may disperse the assembly by force. These officers may also request assistance from any person (not being an officer or member of the armed forces) to help disperse the assembly or arrest and confine those involved for the purpose of punishing them as per the law.
Explanation:
This section deals with the power of Executive Magistrates and police officers to disperse unlawful assemblies. It essentially empowers them to command any assembly of five or more persons, which is deemed unlawful or likely to cause disturbance of public peace, to disperse. Failure to comply with this command allows the officers to use force to disperse the assembly and even arrest those involved.
Illustration:
Imagine a group of 10 people gathers in a public place, shouting slogans and causing commotion. This assembly, due to its size and disruptive behavior, is deemed likely to disturb public peace. An Executive Magistrate or a police officer present at the scene can order the group to disperse. If the group refuses to comply, the officer can use reasonable force, including arrests, to disperse the assembly.
Common Questions and Answers:
Q: What constitutes an unlawful assembly?
A: An unlawful assembly is a gathering of five or more persons who are acting in a manner that is likely to cause disturbance of the public peace. This includes activities like rioting, public disorder, or any other behavior that threatens public safety.
Q: What kind of force can be used to disperse an assembly?
A: The use of force should be proportionate to the situation. It must be reasonable and necessary to disperse the assembly. Excessive force is not permitted.
Q: Can civilians be asked to assist in dispersing an assembly?
A: Yes, the officers can request the assistance of civilians, provided they are not part of the armed forces, for the purpose of dispersing the assembly.
