Power to prohibit carrying arms in procession or mass drill or mass training with arms
AI Assist
Summary
District Magistrate can, by public notice or order, ban carrying arms in any procession or ban organising or taking part in mass drills or training with arms in public places within his district when needed for public peace, safety or order. The ban can be directed at particular persons, communities or organisations. It normally lasts up to three months; the State Government may extend it by notification for up to a further six months and may delegate that extension power to the District Magistrate. "Arms" is as defined in IPC section 153AA.
Example
Ravi plans a temple procession where participants want to carry ceremonial swords. The District Magistrate issues a public notice banning carrying arms in processions in that area; Ravi cannot lawfully carry the sword or take part in armed drills there for up to three months, and the State may extend the prohibition by notification for up to six more months.
Bare Act
Enacted text(1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place.
(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation.
(3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made.
(4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification.
(5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under Sub-Section (4) to the District Magistrate.
Explanation
– The word “arms” shall have the meaning assigned to it in section 153AA of the Indian Penal Code’(45 of 1860).
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