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CrPC, 1973
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CrPCChapter XSection 130
Section130

Use of armed forces to disperse assembly

AI Assist

Summary

When a public assembly cannot be dispersed by other means and public security requires it, the highest-ranking Executive Magistrate present may order the armed forces to disperse it. The Magistrate can requisition an officer in command of military personnel to disperse the crowd and to arrest or confine persons as necessary. Armed officers must obey and use as little force and cause as little injury to persons and property as is consistent with dispersal and arrests.

Example

Priya leads a large protest that blocks a city road and the police cannot disperse it. The highest-ranking Executive Magistrate present requisitions an armed forces unit to clear the road and to arrest those who refuse to leave. The officers obey and use only the minimum force needed, causing as little injury to people and property as possible while dispersing and detaining protesters.

Bare Act

Enacted text

(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank 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 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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X

Chapter X

Maintenance Of Public Order And Tranquillity

In this chapter

  • 129Dispersal of assembly by use of civil force
  • 130Use of armed forces to disperse assembly
  • 131Power of certain armed force officers to disperse assembly
  • 132Protection against prosecution for acts done under preceding sections
  • 133Conditional order for removal of nuisance
  • 134Service or notification of order
  • 135Person to whom order is addressed to obey or show cause
  • 136Consequences of his failing to do so
  • 137Procedure where existence of public right is denied
  • 138Procedure where he appears to show cause
  • 139Power of Magistrate to direct local investigation and examination of an expert
  • 140Power of Magistrate to furnish written instructions, etc
  • 141Procedure on order being made absolute and consequences of disobedience
  • 142Injunction pending inquiry
  • 143Magistrate may prohibit repetition or continuance of public nuisance
  • 144Power to issue order in urgent cases of nuisance or apprehended danger
  • 144APower to prohibit carrying arms in procession or mass drill or mass training with arms
  • 145Procedure where dispute concerning land or water is likely to cause breach of peace
  • 146Power to attach subject of dispute and to appoint receiver
  • 147Dispute concerning right of use of land or water
  • 148Local inquiry
Previous · Section 129Dispersal of assembly by use of civil forceNext · Section 131Power of certain armed force officers to disperse assembly