Code:
(1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise
be dispersed, and it is necessary for the public security that it should be dispersed, the
District Magistrate or any other Executive Magistrate authorised by him, who is present,
may cause it to be dispersed by the armed forces.
(2) Such Magistrate may require any officer in command of any group of persons
belonging to the armed forces to disperse the assembly with the help of the armed forces
under his command, and to arrest and confine such persons forming part of it as the
Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to
disperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use as little force, and do as little injury to person
and property, as may be consistent with dispersing the assembly and arresting and detaining
such persons.
Explanation:
It allows the District Magistrate or authorized Executive Magistrate to use armed forces to disperse an assembly if:
- The assembly cannot be dispersed by other means.
- It is necessary for public security to disperse the assembly.
Illustration:
Imagine a large crowd gathering in a public space, engaging in violent activities and posing a threat to public safety. All attempts to disperse the crowd through peaceful means have failed. In such a situation, the District Magistrate or an authorized Executive Magistrate can call upon the armed forces to disentegrate the union.
Common Questions and Answers:
Q: Can armed forces be used to disperse any assembly?
A: No. This section only applies to assemblies that cannot be dispersed by other means and pose a threat to public security.
Q: Who decides if armed forces are needed?
A: The District Magistrate or an authorized Executive Magistrate has the authority to make this decision.
Q: What level of force can the armed forces use?
A: The armed forces must use as little force as possible and minimize injury to people and property while dispersing the assembly.
Q: Can individuals from the assembly be arrested?
A: Yes, the Executive Magistrate can direct the armed forces to arrest individuals from the assembly if necessary or to punish them according to law.
