Power of certain armed force officers to disperse assembly
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Summary
When a public assembly clearly endangers public security and an Executive Magistrate cannot be contacted, a commissioned or gazetted officer of the armed forces may use troops to disperse the assembly. The officer may arrest and confine persons forming part of the assembly so it can be broken up or they may be punished. If he becomes able to contact an Executive Magistrate while acting, he must do so and then follow the Magistrate's directions about continuing the action.
Example
Ravi, a shopkeeper, finds a large, unruly crowd blocking the market and public safety is clearly endangered but no Executive Magistrate can be contacted. A commissioned officer of the armed forces deploys soldiers to disperse the crowd and arrests some participants; when he is later able to reach the Executive Magistrate he follows the Magistrate's instructions.
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 gazette 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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