Section 129 provides that any Executive Magistrate or Officer in charge of a Police Station (and in the absence of such an Officer, any Police Officer not below the rank of a Sub-Inspector) may command any unlawful assembly, or any assembly of five or more persons, likely to cause a disturbance of the public peace, to disperse. If he does so, it becomes the duty of the members of such an assembly to disperse accordingly.
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If they do not, the Executive Magistrate or Police Officer may proceed to disperse such an assembly by force, and may require the assistance of any male person (not being an Officer or member of the Armed Forces) for dispersing the assembly, and if necessary, for arresting the persons forming part of such an assembly, in order that the assembly may be dispersed or that such persons may be punished according to law.
ADVERTISEMENTS:
Further, if such an assembly cannot otherwise be dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. However, every Officer of the armed forces obeying such a requisition of a Magistrate must use as little force as possible, and do as little injury to persons and property as may be consistent with dispersing the assembly and detaining such persons.
Under S. 132, no prosecution can be instituted in any Criminal Court against any person for any act purporting to have been done under the above sections, except —
(a) With the sanction of the Central Government, where the person concerned is an Officer or member of the armed forces; and
(b) With the sanction of the State Government, in any other case.
ADVERTISEMENTS:
Moreover, no Executive Magistrate or Police Officer acting under any of the above provisions, or Officer or member of the armed forces or any other person doing any act in good faith in connection with the above, is to be deemed to have committed any offence.
