Use of armed forces to disperse assembly
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Summary
Where a public assembly cannot be dispersed by other means and public security requires it, the District Magistrate or an authorised Executive Magistrate present may order the armed forces to disperse it. The Magistrate can direct armed forces officers to arrest and detain persons needed to break up the assembly or to have them punished. Armed forces must obey but use the minimum force and cause as little injury to persons and property as possible.
Example
Ravi leads a crowd blocking a main road and police efforts to disperse it fail. The District Magistrate present may requisition the armed forces to disperse the crowd and to arrest and detain those needed to restore order. The armed forces must comply but use as little force and cause as little injury to people and property as possible.
Bare Act
Enacted text(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.
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