Maintenance Of Public Order and Tranquility

maintenence-of-public-order

Unlawful assemblies

SECTION 129: Dispersal of assembly by use of Civil force

  1. The executive magistrate or SHO or in absence of SHO, any police officer not below the rank of Sub-inspector, may command any unlawful assembly or any assembly of five or more persons likely to cause disturbance of public peace to disperse by using civil force.
  2. If such assembly does not disperse Executive Magistrate or Police officer or member of armed forces, for assistance so as to disperse such assembly & if he does not assist then it is offence up to 187 IPC.

SECTION 130: Use Of Armed Forces To Disperse Assembly.

  1. Order under this section will be given when there is imminent danger to public safety. Order will be issued by Executive Magistrate of the highest rank to the commanding officer of armed forces to disperse assembly use of armed force.
  2. The commanding officer may arrest and confined in public order to disperse the assembly.
  3. The force necessary to disperse such assembly must only be used.
  4. Armed forces mean:- Military, Naval, Air force (operating as land force), Para military-like CRPF, BSF etc.

SECTION 131: Power Of Certain Armed Forces Officers To Disperse Assembly.

  1. When public security is manifestly endangered by such assembly and
  2. No Executive Assembly can be communicated with any commissioned or Gazetted officer of armed force.

Then he may disperse such assembly with help of armed forces and may arrest and confine also but when it becomes practicable for him to communicate with Executive Magistrate. He shall do and then obey the instruction of Magistrate.

SECTION 132: Protection Against Prosecution For Acts Done Under Preceding Sections.

No prosecution against any person acting up to 129 to 131 shall be instituted in any Criminal court when they act bonafide and in good health but such prosecution can be caused:-

  • If such person is an officer of armed force with the sanction of central govt.
  • In any other case with the sanction of state govt.

Public Nuisances

SECTION 133:- Conditional Order For Removal Of Nuisance

  1. DM, SDM or any Executive Magistrate specially powered by S.P. in this behalf may take conditional public order on receiving the report of the police officer or other information, requiring the person.
  2. To remove unlawful obstruction or nuisance from a public place or from anyway, river or channels which may be lawfully used by the public.
  3. To prohibit or regulate trade or occupation or keeping of goods or merchandise that is injurious to health or physical comfort of the community.
  4. To prevent or to stop construction of any building or disposal of any substance likely to occasion flag nation or explosion.
  5. To remove, repair or support building, tent or structure and to remove or support a tree that is likely to fall and thereby cause injury to personal living or carrying business in the neighbourhood or passing by.
  6. To fence any tank, well or excavation adjacent to any such way or public place as to prevent danger arising to the public.
  7. To destroy, confine or dispose of any dangerous animal. (No public order made by Magistrate shall be called in question.)

SECTION 134: Service Or Notification Of Order

The public order shall be served in the manner provided for service of summons.

SECTION 135: Person To Whom Order Is Addressed To Obey Or Show Cause.

The person to whom such public order is made shall

  1. Perform within time and in a prescribed manner.
  2. Appear in accordance with such order & show cause against the same. 

SECTION 136: Consequences Of Failing To Do So

If such a person does not perform such act or appear and show cause, He shall be liable to:-

  • The penalty prescribed in S.188 IPC.
  • And order shall be made absolute.

SECTION 137: Procedure Where Existence Of Public Right Is Denied.

  1. Where a public order is made up to 133 and the person against whom such order is made, when appears before Magistrate, Magistrate shall question him as to whether he denies the existence of a public right in respect of way, river, channel or place. And if so, Magistrate shall inquire into the matter.
  1. When a person denies the existence of public right or who had made such denial has failed to address reliable evidence shall not in subsequent proceedings be permitted to make any such denial. (It is kind of Estoppel.)

SECTION 138: Procedure Where He Appears To Show Cause.

  1. If the person against whom public order up to 133 is made appears and show cause against the order, Magistrate shall take evidence as in summon case.
  2. After taking evidence public order shall be made absolute with or without modifications.
  3. No further proceedings shall be taken if Magistrate is not satisfied.

SECTION 139: Power Of Magistrate To Direct Local Investigation And Examination Of An Expert.

Magistrate for the purpose of inquiry up to 137 or 138.

  1. Direct local investigation.
  2. Summon and examine an expert.

SECTION 140: Power Of Magistrate To Furnish Written Instruction, etc.

When magistrate directs local investigation up to 139 by any person, he may:

  1. Furnish such person with written instructions necessary for guidance.
  2. Declare by whom the whole or any part of the necessary for guidance.
  3. Report of such person may be read as evidence in the case.
  4. The magistrate may direct by whom the cost of summoning and examining expert shall be paid.

SECTION 141: Procedure On Order Being Mane Absolute And Consequences Of Disobedience.

  1. When the order has been made absolute up to 136 or 138, Magistrate shall give notice of the same person against whom the public order was made and shall further require him to perform the actions directed by order within time to be fixed in the notice. In case of disobedience, he will be liable to a penalty as per section:- 188 IPC.
  2. If such action is not performed by the person against whom the public order was made, Magistrate may cause it to be performed and may recover the cost of performing it by the person against whom such order was made. The cost will be recovered either by the sale of building, goods or removing other property or by distress and sale of any other movable property.

SECTION 142: Injunction Pending Inquiry.

DM, SDM or EM if considers that immediate measures should be taken to prevent imminent danger or Inquiry of serious kind to the public, he may issue an injunction to the person against whom the public order was made.

SECTION 143: Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance (Indirect Provision Of Perpetual Injunction)

DM, SDM or EM May order any person not to repeat or continue public nuisance as defined in 288 IPC and in any other local law or special law.

C:- Urgent cases of nuisance or apprehended danger.

SECTION 144: Power To Issue Order In Urgent Cases Of Nuisance Or Apprehended Danger.

Grounds:

  1. DM, SDM or EDM are having the opinion that there are sufficient grounds to proceedings under this section and immediate prevention or speedy remedy is desirable.
  2. To prevent obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safety, or a disturbance of public tranquillity, riot or affray.
  3. Riot: SECTION 146 IPC.
  4. Affray: SECTION 159 IPC.

SUBSECTION 3. Order can be given to any person (Particular individual, the person residing in a particular place or area or public generally).

SUBSECTION 2. In emergency cases or where circumstances do not admit of serving in due time of notice. Ex- paired order can be passed.

SUBSECTION 4. The public order shall remain in force for not more than 2 months.

State govt. has the power to extend the duration of public order for such further period not exceeding 6 months if considers necessary.

SUBSECTION 5. The magistrate may either on own motion or on the application of any person aggrieved, rescind or alter any order made by himself or by subordinate Magistrate or by his predecessor in office.

SUBSECTION 6. State govt. on own motion or on the application of any person aggrieved, rescind or alter any order made by it under the provision of Sub S. 4.

SUBSECTION 7. When application under SUB SECTION (5), (6) is received, Magistrate or S.G. shall afford a reasonable opportunity of being heard to the applicant and if the application is rejected wholly or in part then reasons will be recorded in writing for rejecting.

SECTION 144 (A):- Power To Prohibit Carrying Aims In Procession Of Mass Drill Or Mass (By ACT 25 OF 2005) Training With Arms

This section is inserted in consequence of (Praveen Togaia- Trihula Deeksha Case).

Power vests with DM to order up to 144 (a)

  1. Grounds:
    • For the preservation of public peace.
    • For the preservation of public safety.
    • For maintenance of public order.
  1. The public notice issued under this section may be directed to a particular or to persons belonging to any community, party, or organization.
  2. Notice issued or order made under this section shall remain in force for not more than 3 months.
  3. State govt. can extend enforcement period of order for a further period for not exceeding 6 months, by notification.
  4. State govt. by general or special public order may delegate its power of extending enforcement period of order to DM.
  5. Disputes as to immovable property.

SECTION 145: Procedure where disputes concerning land or water are likely to cause a breach of peace.

  1. Power of executive Magistrate to make public order in writing.
  2. Proceedings shall commence:- On the report of the police officer or upon other information.
  3. When a dispute likely to cause a breach of peace exists concerning any land or water or the boundaries thereof within his local jurisdiction.
  1. Power of executive Magistrate: To make written order requiring the parties conceived in such dispute to attend court on specified date and time and to submit written statements regarding the fact of actual possession of the subject of dispute.
  1. How service of the order will be done as summon served.
  2. At least one copy of the public order shall be published by being affixed to some conspicuous place at or near the subject of dispute.
  3. The magistrate shall then pursue the statements so put, hear the parties, receive all such evidence, take such further evidence in respect to the right of possession and if possible decide that which of the parties was in possession of the subject of dispute at the date of order.
  4. If any party has been forcibly and wrongfully dispossessed within 2 months next before the date on which report of the police officer or other information was received by the Magistrate or after that date and before the date of his order, Magistrate may treat the party so dispossessed as if that party had been in possession on the date of his order.
  5. The magistrate can issue a public order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law and forbidding all disturbance of such possession until such eviction and he may restore to possession the party forcibly and wrongfully dispossessed. (Person aggrieved from this declaration can file revision up to 397 before Session court.
  1. When any party to any such proceeding dies, his LRs (i.e., of the deceased party) will be made a party to the proceeding.

SECTION 146: Power To Attach Subject Of Dispute And To Appoint Receiver.

  1. Grounds of attachment: After making a public order under 145 (I), If Magistrate decides that none of the parties was then in such possession or if he is unable to satisfy himself as to which of them was then in such possession, the property may be attached.
  1. Appointment of the receiver: The magistrate may appoint a receiver who shall have subject to the control of Magistrate shall have all the powers of a receiver appointed under CPC 1908. If subsequently receiver being appointed by the civil court in relation to the subject of dispute, Magistrate:
    • Shall order the receiver appointed by him to hand over the possession to the receiver appointed by the civil court and shall thereafter discharge the receiver appointed by him.
    • May make such other incidental or consequential public order as may be just.

SECTION 147: Dispute concerning right of use of land or water.

Power of Executive Magistrate to public order in these matters.

  1. How proceedings will initiate: On the report of the police officer or upon other information.
  1. In what situation: When a dispute likely to cause a breach of peace exists regarding by alleged right of use of any land or water within his local jurisdiction.
  1. EM shall make public order in writing requiring the parties to prevent in court on specified date and time and to submit written statements.
  2. The magistrate shall then pause the statements, was the parties, receive all such evidence, take such further evidence and if possible decide whether such right exists.
  3. If Magistrate thinks that such right exists, he may make an order prohibiting any interference with the exercise of such right, including and order for removal of any obstruction in exercise of such right.

Provided that no such public order shall be made where the right is exercisable at all times of the year unless such right has been exercised within 3 months next before receipt of the report of a police officer or other information.

And where the right is exercisable only at a particular season or on particular occasions, unless the right has been exercised during last of such season or occasion before such receipt.

Appl. Made up to 145 and if E.M. after considering the evidence, considers that it is the dispute of Section 147, then he can transfer that appl. Up to 147 and vice versa.

SECTION 148:- Local Inquiry

For the purpose of section 145, 146 & 147 DM, SDM may depute any Magistrate subordinate to him to make a local inquiry.

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