Consider the following statements related to the use of armed forces t

Consider the following statements related to the use of armed forces to disperse unlawful assembly:

Armed forces can be used when it cannot be otherwise dispersed.
Armed forces can be used when it is necessary for the public security.
Whether armed forces be used or not can be decided by any Executive Magistrate.
Whether armed forces be used or not can be decided by the Executive Magistrate of the highest rank who is present.

Which of the statements given above are correct ?

[amp_mcq option1=”1, 2 and 4 only” option2=”1 and 3 only” option3=”2 and 4 only” option4=”1, 2 and 3 only” correct=”option1″]

This question was previously asked in

UPSC CISF-AC-EXE – 2017

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The correct answer is A) 1, 2 and 4 only.

Section 130(1) of the Code of Criminal Procedure, 1973 deals with the use of armed forces to disperse an unlawful assembly. It states that if an unlawful assembly cannot be otherwise dispersed (Statement 1) and if it is necessary for the public security that it should be dispersed (Statement 2), the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces (Statement 4).

Statement 3 is incorrect because the decision to use armed forces is specifically vested in the Executive Magistrate of the *highest rank* present, not any Executive Magistrate. This ensures that such a grave decision is taken by the most senior available executive authority on the spot. Sections 130 and 131 outline the procedure and limitations for the use of armed forces in dispersing assemblies, emphasizing that it should only be resorted to when civil force is insufficient and public security necessitates it.

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