UNLAWFUL ASSEMBLY (148 -151)

An unlawful assembly is when a group of people come together in a way that is likely to disturb
the peace or cause trouble in society. The law gives certain powers to the police and magistrates
to deal with such gatherings to maintain public order and prevent harm to others.

Powers of Authorities to Disperse Unlawful Assemblies

Under Section 148, an Executive Magistrate, the officer in charge of a police station, or even a
police officer not below the rank of sub-inspector, has the authority to order any group of five or
more people, who are causing or likely to cause a disturbance, to disperse. This is an essential
tool to maintain peace, and once such an order is given, it becomes the duty of those gathered to
immediately leave the area. Failure to do so can lead to further action.

If the crowd refuses to disperse, either after being told to or if their behavior shows they have no
intention of leaving, the magistrate or police officer can use force to break up the assembly. They
can also arrest people if necessary. The police can also seek the help of citizens to assist in
dispersing the crowd, but they cannot involve members of the armed forces for this purpose
unless certain conditions are met.

Use of Armed Forces to Disperse Crowds

When it becomes impossible for regular police forces to control a crowd, and public security is at
serious risk, Section 149 allows the use of the armed forces to disperse the assembly. A District
Magistrate or another Executive Magistrate can request help from the armed forces if needed.
The officers commanding these forces are required to obey such requests and help in breaking up
the assembly and arresting those involved. However, while doing so, they must use the minimum
force necessary to maintain order and avoid harming people or damaging property as much as
possible.

In urgent situations, when no magistrate is available and public security is in clear danger, a
commissioned or gazetted officer of the armed forces may act on their own under Section 150.
They can use the forces under their command to break up the assembly and arrest people to
ensure peace is restored. But, if they later manage to communicate with a magistrate, they must
follow the magistrate’s instructions on whether or not to continue their actions.

Protection of Officers Acting in Good Faith

The law provides protection to officers who act in good faith while dispersing unlawful
assemblies. Under Section 151, no legal action can be taken against any officer of the armed
forces for actions taken under Sections 148, 149, or 150 without the approval of the Central
Government. Similarly, for police officers or civilian magistrates, the State Government’s
approval is needed before any prosecution can proceed.

Additionally, magistrates, police officers, and even citizens assisting in dispersing an assembly
are protected from being considered to have committed an offense if they acted in good faith. If
an officer of the armed forces or police carried out actions because they were obeying orders that
they were legally bound to follow, they are also protected from being prosecuted.

However, to ensure accountability, the law requires a preliminary inquiry to be made before any
case can be filed against a member of the armed forces for actions done while following orders.
Furthermore, no officer or member of the armed forces can be arrested for actions taken in the
course of duty without the consent of the Central or State Government, depending on their role.

What is an "Unlawful Assembly"?

The term “unlawful assembly” refers to a group of five or more people whose gathering poses a
threat to public peace. Such a group may either be engaged in illegal activity or behaving in a
way that suggests they are planning to cause trouble. The law steps in to prevent this behavior
from escalating into a more dangerous situation, which could lead to property damage, injuries,
or worse.

Use of Minimum Force

An essential principle in dispersing unlawful assemblies is that authorities must use only the
minimum force necessary to restore order. This is to avoid unnecessary harm to people or
damage to property. The law recognizes that public security is crucial, but it also places
importance on protecting individual rights and minimizing harm during these operations.

Conclusion

In summary, the law grants specific powers to magistrates, police officers, and the armed forces
to disperse unlawful assemblies to maintain peace and public security. These powers include
giving orders to disperse, using force if necessary, and even calling in the armed forces when the
situation is severe. Officers who act in good faith are protected from prosecution for carrying out
their duties. However, there are checks in place to ensure that force is used responsibly, and no
officer can be prosecuted or arrested without the necessary government approval. This balance
helps maintain public order while protecting individual rights.

PUBLIC NUISANCE (152-163)

Public nuisance refers to activities or conditions that cause harm, danger, or inconvenience to the
general public. This could involve anything from blocking public roads, creating health hazards,
or maintaining unsafe buildings, to keeping dangerous animals. The law gives magistrates the
power to take swift action against public nuisances to protect the public’s well-being and safety.

Powers of Magistrates to Handle Public Nuisances

Under Section 152, a District Magistrate, Sub-divisional Magistrate, or any other Executive
Magistrate specially authorized by the State Government can take action against public
nuisances. This can happen when a police officer reports the issue or when the magistrate
receives information about a harmful situation. The magistrate has the authority to take necessary
steps to stop or remove the nuisance after considering the evidence.

Public nuisances can take many forms, such as:

 Unlawful obstructions in public places like roads, rivers, or pathways that the public uses.
 Any trade, occupation, or storage of goods that harms the health or comfort of the
community.
 Dangerous buildings or substances that could cause fire or explosions.
  Buildings or trees that are unstable and pose a risk of falling, which could harm people
nearby.
 Open wells, tanks, or excavations that could be dangerous to the public.
 Dangerous animals that could harm people.

In such cases, the magistrate can issue a conditional order to the person responsible for the
nuisance, instructing them to take specific actions to remove the nuisance within a set time. The
person is required to:

1. Remove the obstruction or nuisance.

2. Stop carrying out the harmful trade or occupation, or regulate it in a safer manner.
3. Take safety measures, such as fencing dangerous areas or dealing with unstable buildings
or trees.
4. Destroy, confine, or otherwise manage dangerous animals to prevent harm.

If the person disagrees with the magistrate’s order, they have the right to appear before the
magistrate and explain why the order should not be made permanent. However, if the person
does not comply with the magistrate’s instructions within the time allowed, the magistrate can
take further action.

Notification and Compliance

The order made by the magistrate must be served to the person responsible for the nuisance. If it
is not possible to deliver the order directly, the magistrate can use other methods, like public
announcements or electronic communication, to make sure the order reaches the concerned
person. The order may also be posted in public places to ensure that the information is conveyed.

Once the person receives the order, they must either follow it by performing the necessary
actions to remove the nuisance or appear before the magistrate to explain why they believe the
order is unreasonable. If the person fails to follow the order or to show up, they may face
penalties according to Section 221 of the Bharatiya Nyaya Sanhita, 2023. In such cases, the
magistrate’s order becomes final.
Procedure When Public Rights Are Questioned

In some cases, the person responsible for the nuisance may deny that the public has the right to
use the space or area where the nuisance exists, such as a road or river. If this happens, the
magistrate must first inquire into whether there is reliable evidence to support the denial. If the
evidence is convincing, the magistrate will pause the proceedings until a competent court can
determine the issue of public right.

However, if the person fails to provide convincing evidence, the magistrate can proceed with the
case and make the order absolute, which means the person is legally bound to follow the
magistrate’s instructions.

Local Investigations and Expert Opinions

For complex cases where the situation needs further investigation, the magistrate has the power
to order a local investigation or seek an expert’s opinion under Section 158. This could involve
visiting the site, conducting surveys, or consulting specialists in matters like building safety or
environmental health. The costs for such investigations may be recovered from the person
responsible for the nuisance. The findings of the investigation or the expert’s report may be used
as evidence in the case.

Consequences of Non-compliance

If a magistrate’s order becomes final and the person still refuses to take the necessary action, the
magistrate can arrange for the nuisance to be removed or resolved at the person’s expense. The
cost can be recovered by selling the person’s property or, if needed, by attaching their movable
property for sale. The law also protects the magistrate and other authorities from legal action if
they act in good faith while enforcing the order.

Emergency Action to Prevent Immediate Danger

Sometimes, a public nuisance may pose an immediate threat to public safety, such as a building
that is about to collapse or a dangerous animal on the loose. In such cases, under Section 161, the
magistrate can issue an emergency injunction, which is a legal order that must be obeyed right
away. If the person responsible does not act quickly, the magistrate can take matters into their
own hands and use whatever means are necessary to prevent harm to the public.

Conclusion

In conclusion, public nuisances are activities or conditions that harm or endanger the public.
Magistrates have the authority to issue orders to stop or remove these nuisances, and those
responsible must comply or face legal consequences. The law allows for immediate action when
public safety is at risk, and it provides protections for authorities acting in good faith. This
system helps ensure that public spaces remain safe and that harmful activities or conditions are
addressed swiftly and effectively.

Urgent Cases of Nuisance or Danger (Section 163)

 What is the power?

o If a District Magistrate, Sub-divisional Magistrate, or an empowered Executive
Magistrate believes there is a need for immediate action to prevent harm or
danger, they can issue an order to stop a person from doing something or to
manage their property. This is done to avoid harm to people, prevent riots or
disturbances, or protect public safety.
 When can this order be made?
o The order can be made if the Magistrate believes it’s necessary to prevent:
 Harm to a person working lawfully.
 Danger to human life, health, or safety.
 A disturbance in public peace or a riot.
o In some cases, the order can be issued quickly without waiting to give notice to
the person involved if it’s an emergency.
 Who can the order apply to?
o The order can be directed to:
 A specific person.
 People living in a certain area.
 The public in a particular area or place.
 How long does the order last?
o The order cannot stay in effect for more than two months. However, the State
Government can extend it for up to six months if it's needed to prevent serious
harm, like a riot or danger to life.
 Can the order be changed or cancelled?
o Yes, the Magistrate or the State Government can cancel or change the order if
someone affected by it applies.
o The person applying must be given a chance to present their case.
 What happens if the application is rejected?
o If the Magistrate or the State Government rejects the application to cancel or
change the order, they must explain why.

DISPUTES CONCERNING LAND OR WATER (SECTIONS 164-167)

1. Procedure for Land or Water Disputes (Section 164)

o If an Executive Magistrate receives a report or information about a dispute over
land or water that may cause a breach of peace, they must issue a written order.
This order will:
 Ask the parties involved to attend court on a specific date and present
written statements about who has actual possession of the disputed land or
water.
 "Land or water" includes buildings, markets, fisheries, crops, and rents
from such properties.
 The order will be served to the concerned parties and posted at a visible
location near the disputed area.
o The Magistrate will review the evidence, hear the parties, and decide who was in
possession of the disputed property at the time of the order. If a party was
wrongfully dispossessed within two months of the dispute being reported, the
Magistrate may consider them as still in possession.
o If no dispute is found, the Magistrate will cancel the order and stop any further
action.
 o If one party is found to be in possession, the Magistrate may order that party to
remain in possession until a court evicts them. If someone was wrongfully
removed, the Magistrate may restore possession.
2. Proceedings if a Party Dies (Section 164)
o If a party to the dispute dies, the legal representative may be added to the case,
and the inquiry will continue.
3. Handling of Property During Dispute (Section 164)
o If crops or other property are at risk of decaying quickly, the Magistrate can order
their custody or sale. After the inquiry, the property or its sale proceeds will be
disposed of as the Magistrate sees fit.
4. Power to Attach Property and Appoint a Receiver (Section 165)
o If there is an emergency or the Magistrate cannot determine who is in possession
of the disputed property, they may attach the property until a court resolves the
issue.
o The Magistrate can appoint a receiver to manage the property during this period.
If a Civil Court later appoints a receiver, the Magistrate’s receiver must hand over
the property.
5. Disputes Over Rights to Use Land or Water (Section 166)
o If a dispute arises over the right to use land or water (like an easement or access),
the Magistrate will order the parties to attend court and present their claims.
o The Magistrate will review the evidence and decide whether the disputed right
exists. If the right is confirmed, the Magistrate may order the protection of that
right and remove any obstruction.
6. Local Inquiry (Section 167)
o If a local inquiry is needed, the Magistrate can appoint another subordinate
Magistrate to conduct the inquiry and give them instructions.
o The report from this inquiry can be used as evidence in the case.
o The Magistrate can order which party will pay the costs of the inquiry, including
expenses for witnesses or legal fees.
 SECURITY FOR KEEPING THE PEACE AND GOOD BEHAVIOR (SECTIONS 125–
143)

In certain situations, courts or magistrates can ask individuals to sign a bond (a legal promise) to
keep the peace or behave well for a specified period. If they fail to comply with these
requirements, there are consequences such as imprisonment or other penalties.

1. Security for Keeping the Peace (Section 125)

 When is it required?
o If a person is convicted of crimes like assault, mischief, criminal intimidation,
etc., the court can order them to give a bond to keep the peace for up to three
years.
o If the person’s conviction is overturned on appeal, the bond is canceled.
o Even appellate or revising courts can order such bonds in certain cases.

2. Security for Keeping the Peace in Other Cases (Section 126)

 When can a magistrate order it?

o If an executive magistrate believes that a person might disturb the peace, they can
ask the person to show why they should not sign a bond to keep the peace for up
to one year.
o This can be done if the person is within the magistrate’s jurisdiction or if they are
likely to cause trouble in that area.

3. Security for Good Behavior (Sections 127–129)

 Who might be ordered to give a bond?

o Persons spreading harmful material (Section 127): If someone is spreading
harmful material (like defamatory content or threats), the magistrate can ask them
to sign a bond for good behavior for up to one year.
 o Suspected persons (Section 128): If a person is suspected of hiding their identity
for committing crimes, the magistrate can order them to sign a bond to behave
well for up to one year.
o Habitual offenders (Section 129): If a person is known to commit crimes
regularly (like theft, robbery, kidnapping), the magistrate can ask them to sign a
bond for good behavior for up to three years.

4. Procedure for Issuing the Bond (Sections 130–134)

 Order to sign the bond (Section 130): The magistrate must issue a written order
explaining the reasons for the bond, the amount, and the duration.
 Explaining the order (Section 131): If the person is in court, the order will be explained
to them, or they can request it in simpler terms.
 Absentee procedure (Section 132): If the person is not present, a summons (to appear)
or a warrant (for arrest) will be issued to bring them to court.
 Personal attendance (Section 134): If the person has a valid reason, the magistrate can
allow them to be represented by a lawyer instead of appearing in person.

5. Inquiry and Court Procedure (Sections 135–137)

 Inquiry (Section 135): The magistrate will investigate the situation and collect evidence
to decide if the person should sign the bond.
o If the person poses a risk to public peace, the magistrate can ask them to sign the
bond right away until the inquiry is completed.
 Security order (Section 136): After the inquiry, if the person is found to be a threat, the
magistrate will order them to sign the bond.
 Discharge if not proven (Section 137): If the inquiry finds no reason for a bond, the
person will be discharged and released.

6. Imprisonment for Failing to Provide Security (Section 141)

 Failure to give security: If a person doesn’t provide the required security, they will be
imprisoned until they fulfill the bond or until the bond period ends.
  Breach of bond: If the person violates the terms of a bond or bail bond (e.g., breaks the
peace), the magistrate can imprison them until the bond expires, along with any other
punishment under the law.
 Long-term failure to provide security: If a person fails to give security for over a year,
the case will be referred to a Sessions Judge for further action.
 Imprisonment conditions: For keeping the peace, the imprisonment will be simple,
while for good behavior, it can either be simple or rigorous, depending on the court's
decision.

7. Power to Release Persons Imprisoned for Failing to Give Security (Section 142)

 Release of imprisoned persons: A District Magistrate or Chief Judicial Magistrate can

release a person imprisoned for failing to provide security if it’s safe to do so.
 Reducing security requirements: The court can reduce the amount of security or the
duration for which it is required.
 Conditional release: A person may be released with conditions that must be followed. If
these conditions are violated, the release can be canceled, and the person can be re-
arrested.
 Re-imprisonment: If the conditions are not met, the person can be imprisoned for the
remaining period they were originally supposed to serve.

8. Security for the Unexpired Period of the Bond (Section 143)

 Fresh security: If a person’s bond is canceled, the court will order them to give fresh
security for the unexpired portion of the bond period.
 Treating the new order as original: The new order will be treated as an order under
Sections 125 or 136.

Conclusion

The laws outlined in Sections 125–143 deal with ensuring that individuals who are a risk to
public peace or behavior adhere to certain conditions, such as signing a bond to keep the peace or
behave well. If they fail to provide security, there are serious consequences, including
imprisonment. However, there are provisions for the release of persons imprisoned for failure to
give security, as well as for reducing the security requirements in certain cases. This ensures that
the person’s rights are protected while maintaining public safety.