If, during dispersal of an unlawful assembly, an army officer, commanded to disperse it, exceeds his power which had resulted into the death of four women and three children, that army officer can be prosecuted with the sanction of
his Commanding Officer
the District Magistrate
the Central Government
the concerned State Government
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2018
Section 132 of the Code of Criminal Procedure, 1973 provides protection against prosecution for acts done in good faith to disperse an unlawful assembly. Section 132(3) specifically states that “No prosecution shall be instituted in any Criminal Court against any person for any act done in good faith in pursuance of this section… (c) if such person is a member of the armed forces of the Union, without the sanction of the Central Government.” In this scenario, the army officer is a member of the armed forces acting (though exceeding power) in the course of dispersing an unlawful assembly.