Power of certain armed force officers to disperse assembly
AI Assist
Summary
When public security is clearly endangered and no Executive Magistrate can be contacted, a commissioned or gazetted officer of the armed forces may use troops to disperse the assembly and may arrest or confine people to stop the danger or secure them for punishment. If the officer becomes able to contact an Executive Magistrate while acting, he must do so and then follow the Magistrate's directions about continuing or stopping the action.
Example
Priya runs a small shop and a violent crowd blocks the road and threatens customers; no Executive Magistrate can be reached. A commissioned army officer orders troops to disperse the crowd and detains some persons to stop the danger; once he can contact the Executive Magistrate he reports and then follows the Magistrate's directions.
Bare Act
Enacted textWhen the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.
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