Under which one of the following situations may dispersal of assembly by use of civil force not be commanded by any Executive Magistrate or Officer-in-Charge of a police station ?
For dispersal of an unlawful assembly
Assembly of five or more persons likely to cause a disturbance of public peace
Assembly of five or more persons likely to invite more persons to join
The assembly conduct itself in such a manner as to show a determination not to disperse
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2022
– Option A (unlawful assembly) and Option B (assembly of five or more persons likely to cause a disturbance of public peace) are explicit grounds for commanding dispersal.
– Option D describes a situation after a command has been given, which may lead to the use of force, but the initial command is based on the assembly being unlawful or likely to disturb public peace.
– Option C, assembly likely to invite more persons to join, is not a direct ground for ordering dispersal using civil force under Section 129(1) unless this gathering or its potential increase also makes it unlawful or likely to cause a disturbance of public peace.