INTRODUCTION

Public order and peace is something that should prevail in every civilised
society. Peace and public order are essential for every civilised society and it is
the duty of the state to maintain the Public Order and Tranquility. Several
provisions have been laid down in the Indian Penal Code, The Code of
Criminal Procedure and The Police Act for the maintenance of public order
and tranquillity. Maintenance of Public Order and Tranquility has been dealt
with specifically under Chapter X of the Code of Criminal Procedure.

The public order is disturbed mainly due to the following reasons.

 Unlawful Assembly
 Public Nuisance and Urgent Cases of Nuisance
 Disputes related to immovable properties
PART A: UNLAWFUL ASSEMBLY

An unlawful assembly is a group of five or more than five persons that

have a common object and engages in illegal acts such as compelling a
person to do an unlawful act. The unlawful assembly has been
criminalised under the law to preserve public peace and security. The
definition and punishments for unlawful assembly have been laid down
under the Indian Penal Code which several other provisions have been
laid down under the Code of Criminal Procedure as procedures to be
followed in matters of unlawful assemblies.

According to section 141 of the Indian Penal Code, Assembly can be defined as
an assembly of five or more persons if the common intent of the assembly is as
follows-

1. To intimidate by using criminal force or by showing criminal force to

the Central Government or any State Government or Parliament or the
Legislature of any state, or any public servant.
2. To defy any law or legal procedure.
3. To commit any act which can be termed as mischief or criminal
trespass or any other offence.
4. By usage or show of criminal force to any person with a view to take
or obtain possession of any property, or to deprive any person of the
enjoyment or deprive him of the use of water or any other incorporeal
 right which is entitled to him or to enforce upon him any right or
supposed right.
5. By usage or show of criminal force, to forcefully make any person do
something which he is not legally bound to do or omit something
which he is legally entitled to do.

Power of the magistrate and procedure of disposal by him

An executive magistrate is conferred with various powers regarding unlawful
assembly in order to ensure public order and peace in society as an unlawful
assembly creates an unruly situation of public order and security.

1. Section 129 of the Code of Criminal Procedure states the dispersal of

unlawful assembly by use of civil force
Here, any executive magistrate or any police officer minimum to the rank of
sub-inspector can command any unlawful assembly to disperse if it is likely that
the assembly can cause a disturbance in public peace. The members of such
assembly are bound to disperse accordingly.

If such an assembly with or without being commanded doesn’t disperse or

shows a determination not to disperse, any Executive magistrate or police
officer minimum to the rank of sub-inspector is empowered to take action as
follows:

1. Proceed to disperse such assembly by force.

2. If assistance is required, he can take help of any male person even if he
is not an officer or member of the armed forces.
3. If deemed necessary, he can arrest and confine the members of such
assembly.
If the members of unlawful assembly don’t adhere to the instructions of the
authorities in-charge, they will be punished by law.

2. Section 130 of CRPC states the dispersal of unlawful assembly by use

of armed forces:

1. The Executive Magistrate of the highest rank present may cause the
dispersal of unlawful assembly by the armed forces if-

 The assembly cannot be dispersed in other ways.

  If it is necessary for the security of the public.

 Such a Magistrate has the authority to ask any officer in command of

the present armed forces group, with the help of the armed forces
under his command to disperse the assembly. If needed,he may ask the
present officer to arrest and confine such persons involved as may be
necessary.
 Every such officer shall obey such order in a manner he deems fit, but
while doing so he shall use rational and minimum force. He shall do as
little damage to person or property, as may be required for dispersing
the assembly and arresting and detaining the involved persons.

3. Section 131 of CRPC states the power of certain armed force officers
to disperse assembly with a condition added regarding executive
magistrate.
Any commissioned or gazetted officer of the armed forces may-

1. Disperse any such assembly with the help of the armed forces under
his command.
2. Arrest and confine any persons involved in such unlawful assembly.

Provided the public security is clearly endangered by any such assembly and
any Executive Magistrate cannot be communicated with.

However, as soon as it becomes practical for the gazetted or commissioned

officer to communicate with an Executive Manager, he shall do so, and shall
thereafter obey the instructions of the Magistrate and consider whether the
Magistrate wants the action ongoing, to be continued or not.

4. Section 132 of CRPC states protection against prosecution for acts

under preceding sections.

 No prosecution shall be instituted in any Criminal Court against any

person who has done an action under section 129, 130 and 131.
However, there are certain exceptions to this provision. The
Prosecution shall be instituted:
 If the Central government has sanctioned such prosecution against an
officer or member of the armed forces.
 If the State Government has sanctioned such prosecution in any other
case.
  No Executive Magistrate or police officer who acted in good faith under
the above said sections;
 No person doing an act in good faith in compliance who has been
requisitioned under section 129 and section 130;

 No officer of the armed forces who have done any action under section
131 in good faith;
 No member of the armed forces who did an act that he was bound to do
under obedience, shall be deemed to have thereby committed an offence.

Essentials for benefit under Section 132

For having the benefit granted under section 132 of the Code of Criminal
Procedure, the officer has to fulfil certain essential conditions:

1. There was an unlawful assembly.

2. That assembly was commanded to be dispersed.
3. The assembly did not disperse on the command to disperse.
4. Or, if no command was given the conduct of assembly seemed
determined not to disperse.
In the above circumstances, the officer had to use force to disperse the
assembly.

5. Section 144 of CRPC ‘as a preventive measure’ gives the power to issue
orders in urgent cases of nuisance or apprehended danger. This section
gives power to any Executive Magistrate of the highest rank present to
issue an order to prohibit the assembly of five or more people if he is of
the opinion that an action for immediate prevention or speedy remedy is
necessary to be taken against the apprehended danger in case of
emergency.

Need and purpose of the dispersal

1. These sections under the CRPC give powers to the Executive Magistrates
as well as police officers to disperse unlawful assemblies as such
assemblies may disrupt or have the potential to disrupt public order and
peace of society.
2. It may also cause harm to public property and injury to the rest of the
public. The Constitution, therefore, has conferred powers upon Executive
 magistrates as well as other police authorities and also armed forces to
disperse such assemblies.
3. The provision for dispersal of an unlawful assembly is considered
important because it has been deemed an offence under section 141 of the
IPC and members being a part of it are punishable under sections
143,144,145 and 149 of the IPC.
4. Even if just one member commits an offence during such assembly, all
the persons being part of it will be charged for the same. So, in order to
prevent crimes, provisions of dispersal of such assemblies have been
given under the CRPC.

Landmark judgements

Re Ramlila Maidan Incident v. Home Secretary, Union of India

In this case, the Apex Court held that the execution of section 144 by the police
was unreasonable as the police did not succeed in providing sufficient grounds
for its use of force. The Court also expressed its discontent over the usage of
undue force on the sleeping crowd in Ramlila Maidan. The Court held that the
police should have waited until a reasonable time if it wanted to disperse the
crowd.

3. Moti Das v. State of Bihar

The Hon’ble Court held that the assembly that was lawful in the beginning
became unlawful right at the moment when one of the members along with the
others assaulted the victim and his associates and all the members of the
assembly started chasing the victim while he was running to save his life.

4. Dharam Pal Singh v. State of Uttar Pradesh

In this case, the Supreme Court held that where only five persons have been
named and charged for the constitution of an unlawful assembly, one or more of
them have been acquitted, the remaining persons who are still accused cannot
be convicted for an unlawful assembly since they are less than five in number.
However, if it is proven that some other persons were also present but could not
be identified and named, then the other accused will be convicted for unlawful
assembly.

5. Karam Singh v. Hardyal Singh

In this case, the Hon’ble Punjab & Haryana High Court held that three pre
essential conditions must be satisfied before an Executive Magistrate can order
the use of force to disperse a crowd.
Firstly, there should be an unlawful assembly consisting of five or more persons
whose object is to commit violence or likely to cause a disturbance of public
peace and tranquillity.

Secondly, an order of dispersal should be given by an Executive Magistrate.

Thirdly, the people don’t move away in spite of such given orders.

Conclusion
it can be concluded that An executive magistrate is conferred with powers of
dispersal and prevention of unlawful assembly in order to prevent any imminent
damage to public and public property. However, in a democratic country like
India, these powers can be misused as seen in the case of Ramlila Maidan
Incident and the fundamental right of freedom to assemble may sometimes be
infringed.

However, The Code for Criminal Procedure and the Indian Penal Code consists
of sections which place reasonable limits on the authorities empowered to the
Executive Magistrates in exercising its powers for dispersal of unlawful
assemblies.