CHAPTER 10 Maintenance of public order and tranquility

A - Unlawful assembly

Section 141.of The Indian Penal Code,1860 Unlawful assembly “An assembly of five
or more persons is designated an "unlawful assembly", if the common object of the persons
composing that assembly is-
First-To overawe by criminal force, or show of criminal force, [the Central or any State
Government of Parliament or the Legislature of any State], or any public servant in the exercise
of the lawful power of such public servant; or
Second-To resist the execution of any law, or of any legal process; or
Third-To commit any mischief or criminal trespass, or other offence; or
Fourth-By means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the
use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce
any right or supposed right; or
Fifth-By means of criminal force, or show of criminal force, to compel any person to do what he
is not legally bound to do, or to omit to do what he is legally entitled to do.”
Explanation-An assembly which was not unlawful when it assembled, may subsequently become
an unlawful assembly.

 The object of this chapter is the maintenance of public order and tranquility.
 Orders passed under chap.10 are police orders and do not envisage elaborate adjudicatory
proofs of the rights.
Fundamental right to assembly Article 19(1) (b) of the constitution of India confers
upon all citizens of India the right to assemble peaceably and without arms .This right is subject
to reasonable restriction in the interest of the sovereignty and integrity of India and public order.
Brief overview of the chapter
a) An assembly of the kind described in sec.129 may be commanded to disperse either
by any Executive Magistrate or office in charge of a police station or, in the absence
of such officer in charge, any police officer, not below the rank of a sub-inspector;
b) If the assembly shows no disposition to disperse quietly force may be employed to
disperse it;
c) and for this it is permissible to take the help of male persons present there and the
person to whom the aforesaid requisition is made is bound to obey the requisition;
d) and if it is in effectual , the executive magistrate of the highest rank present there may
cause it to be disperse by the armed forces ;
e) The member of the armed forces to whom requisition is made under sec.130, must
use minimum force and cause of emergency, when no magistrate is present, a
commissioned or gazetted officer of the armed forces can act on his own initiative,
but he should communicate with the nearest magistrate at the earliest opportunity;
f) No person acting under the chapter is liable to be criminally prosecuted except with
the sanction of the central or the state government as the case may be.
SECTION AUTHORITY ORDER THAT CAN BE MADE
129 Any Executive Warning or command to disperse
Dispersal of Magistrate or The authority may command [1]any unlawful assembly,
assembly by office in charge of [2] or any assembly of five or
use of civil a police station or, more persons likely to cause a disturbance of the public
force in the absence of peace,
such officer in to disperse; and it shall thereupon be the duty of the
charge, any police members of such assembly to disperse accordingly.
officer, not below
the rank of a sub-
Disperse the assembly by force and assistance of
inspector,
male persons may be taken
If, upon being so commanded, any such assembly does not
disperse, or if, without being so commanded, it conducts
itself in such a manner as to show a determination, not to
disperse, any Executive Magistrate or police officer referred
to in sub-section (1), may proceed to disperse such assembly
by force, and may require the assistance of any male person,
not being an officer or member of the armed forces and acting
as such, for the purpose of dispersing such assembly, and, if
necessary, arresting and confining the persons who form part
of it, in order to disperse such assembly or that they may be
punished according to law.
READ WITH SEC.151 IPC,1860
130 Use of Executive Help of the armed forces may be taken
armed Magistrate of the If any such assembly cannot be otherwise dispersed, and if it
forces to highest rank is necessary for the public security that it should be dispersed,
disperse the authority that is present may cause it to be dispersed by
assembly the armed forces.

Such Magistrate may require any officer in command of any

group of persons belonging to the armed forces to disperse
the assembly with the help of the armed forces under his
command, and to arrest and confine such persons forming
part of it as the Magistrate may direct, or as it may be
necessary to arrest and confine in order to disperse the
assembly or to have them punished according to law.

How much force should be used? Every such

officer of the armed forces shall obey such requisition in such
manner as he thinks fit, but in so doing he shall use as liltle
force, and do as little injury to person and property, as may
be consistent with dispersing the assembly and arresting
and detaining such persons.

READ WITH SEC.76,99,IPC,1860

EXCEPTION 3 TO SEC.300,IPC,1860
AND SEC.46 OF THE CrPC, 1973
131. Power Any Power of commissioned or gazetted officer of the
of certain commissioned or armed forces to disperse unlawful assembly
armed force gazetted officer of without getting the order from the executive
officers to the armed forces magistrate
disperse
When the public security is manifestly endangered by any
assembly.
such assembly and no Executive Magistrate can be
communicated with, any commissioned or gazetted 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.

Section 132. Protection against prosecution for acts done under preceding sections:
As the authorities empowered under the aforesaid provisions are government servants under
section 14 of the Indian Penal Code, 1860 thus some safeguards have been provided under this
section. Following safeguards have been provided under sec. 132:
 No prosecution against any person for any act purporting to be done under section 129,
section 130 or section 131 shall be instituted in any Criminal Court except
(a) with the sanction of the Central Government where such person is an officer or
member of the armed forces;
(b) with the sanction of the State Government in any other case.
 No Executive Magistrate or police officer acting under any of the said sections in good
faith;
(b) no person doing any act in good faith in compliance with a requisition under section
129 or section 130;
(c) no officer of the armed forces acting under section 131 in good faith;
(d) no member of the armed forces doing any act in obedience to any order which he was
bound to obey, shall be deemed to have thereby, committed an offence.
 the expression "armed forces" means the military, naval and air forces, operating as
land forces and includes any other Armed Forces of the Union so operating;

Under section 132, bonafide acts of the public servants acting under sec.129-131 are
protected whether they are police officers, executive officers or the members of armed forces.
[READ WITH SEC.197 OF THE CODE]