Use Of Armed Forces To Disperse Assembly.
Code:
- Authority to Disperse:
- If an assembly referred to in subsection (1) of Section 148 cannot be dispersed by other means, and dispersal is necessary for public security, the District Magistrate or any Executive Magistrate authorized by him, who is present, may order the assembly to be dispersed using the armed forces.
- Command to Armed Forces:
- The Magistrate may direct any officer in command of a group of armed forces to disperse the assembly. This includes the authority to arrest and confine individuals as directed by the Executive Magistrate or as necessary for dispersing the assembly and ensuring compliance with the law.
- Use of Force:
- Officers of the armed forces must comply with the Magistrate’s requisition in a manner they deem appropriate. However, they are required to use the minimum amount of force necessary and to minimize injury to persons and property while executing the dispersal and any arrests.
Explanation:
This section deals with the use of armed forces to disperse unlawful assemblies. 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 disperse the assembly.
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 to disperse the assembly or to punish them according to law.
