sec 134to148 crpc

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Section 129: Use of civil force for dispersal of an assembly

According to section 129 of Cr.P.C,the order to disperse any assembly that is an unlawful one and likely to cause disturbance to the public peace may be issued by-
Any executive Magistrate
Officer in charge of a police station or,
Any police officer who is a sub-inspector or above the rank of sub-inspector in the absence of such officer in charge
Post-issuance of such order of dispersal, it is the duty of the members of the assembly to whom such notice is issued to disperse accordingly. However, in case the assembly does not comply with the order and does not disperse then any Executive Magistrate or officer-in-charge of a police station or in absence of the officer-in-charge by a police officer, not below the rank of sub-inspector as empowered under section 129 may use force in order to disperse such unlawful assembly. If necessary, even if a person is not an officer of armed force but acting as one, may arrest or confine the members of such unlawful assembly for subsequent punishing according to the law.
Section 130: Use of armed forces to disperse the assembly
Section 130 of CrPC is applicable in the situation where the unlawful assembly cannot be dispersed otherwise.
When an unlawful assembly cannot be dispersed by any other means, and when it is necessary for the public security that such assembly should be dispersed, it can be dispersed with the help of armed forces by the order of Executive Magistrate of the highest rank present.
Such Magistrate may order any officer in command of any group of persons belonging to the armed forces to take the help of armed forces under his command to disperse the assembly. He is also empowered to arrest or confine the members of such assembly in order to maintain public security in accordance with the orders of the Magistrate. He has also the power to have them punished according to law.
The requisitions laid down under this section shall be obeyed by every officer of the armed forces empowered under this section in such manner as he thinks fit. While following the orders and taking any step to maintain public security, he shall use as little force with the objective of maintenance of public order.
Thus, section 130 gives the authorities the right to use force to disperse the unlawful assembly when it is needed in the interest of maintaining public security.

Section 131: Powers of certain armed force officers to disperse the assembly

Section 131 is operational and envisages such situations where the officers of armed force cannot establish a link or communicate with the Executive Magistrate as under Section 130 of the CrPC. In such a situation, where it is paramount for the armed forces to maintain peace and order caused by the unlawful assembly and they cannot wait for the orders from the Executive Magistrate, they shall proceed to deploy force to disperse such assembly. However, during this time, if it becomes viable and possible for them to establish communication with the Magistrate they shall do so and act as per the orders by the Executive Magistrate.

This section has been enacted in order to lay down provisions to maintain public security in the case when no executive magistrate can be reached so that the public order and tranquility can be maintained more efficiently.

Section 132: Protection against prosecution for acts done under proceeding sections

Protection against the prosecution for any act done under section 129 to 131 of the CrPC is provided under section 132 and no officer acting under the duty shall be prosecuted except with the sanction of State or Central Government.

Section 132 no prosecution shall be instituted in any Criminal Court against any person for any act purporting to be done under section 129, section 130 or section 131, except in the case where the central or state government sanctions the same. Since the officers, the Executive Magistrate, members of armed forces, and other officers were acting in good faith and as per the compliance with the sections as a part of their duty, they ought to be provided protection by the law. However, in case an officer leaps beyond the boundaries of the law such as ordering or actually firing at the assembly[2] when it is not required shall not be provided protection under section 132.
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