Wednesday 17 October 2012

Career Mania 55: GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Unlawful assembly

Career Mania 55
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GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Unlawful assembly
Oct 17th 2012, 17:57

GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012
The source for all engineering and legal education news in India
Unlawful assembly
Oct 17th 2012, 17:29

An unlawful assembly refers to a gathering of individuals who come together in order to commit an unlawful act or to behave in a violent, boisterous or tumultuous manner. Political gathering and demonstration raise the most troublesome issues involving unlawful assembly. The "Unlawful assembly" is the most debated topic in the present political scenario. While the Indian Constitution under the Article 19(1) (b) confers upon all citizens of India the right to assemble peacefully and without arms, but this right is subject to reasonable restriction in the interest of the sovereignty and integrity of India and public order. For the implementation of the same, the Indian Penal Code, 1870 defines "Unlawful Assembly" and the Code of Criminal Procedure, 1973 lays down the procedure and the powers conferred upon the adjudicating authorities to prevent such assemblies in order to maintain public order. The line of distinction between protecting freedom of assembly and protecting peace and tranquillity of the community is often difficult for the courts to draw. Section 129 of Criminal Procedure Code, 1973 gives power in the hands of the Executive magistrate or an officer in charge of the police station, or a police officer not below the rank of the sub- inspector to command to disperse. In case of ineffectuality the same shall be made to disperse by the military with the use of minimum force according to Section 130 Criminal Procedure Code, 1973. The same power has been vested with the Commissioned or Gazetted officer in case of emergency and the same shall be communicated to the nearest magistrate at the earliest according to Section 131 of Criminal Procedure Code, 1973. The officer has the power to take into the custody any offender (Section 131, Criminal Procedure Code, 1973).

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