Section 129 of Cr.P.C. deals with a situation wherein an Executive Magistrate, Incharge of the Police Station or any Police Officer not below the rank of Sub Inspector of Police have powers to disperse any unlawful assembly of 5 or more persons who are likely to create disturbance to the public peace or make public nuisance and the burden lies on those assembled members to go away from the place upon order of the concerned authority.
If not dispersed on order or before passing of an order behaving in an unruly way, and more so determined to not to go away from the place, the authorities might use mild force by using any civilian male person to disperse the assembly and if required those assembled members may be arrested and punished as per law.
Despite an order of the authorities the members of the unlawful assembly refuses to disperse and it is believed that they might cause damages to the public and their properties, then the senior most Executive Magistrate who present at the scene can use armed force to disperse the crowd.
The concerned Executive Magistrate must ensure that the armed force disperse the assembled members only under the direction of their command officer and if required to be the members of assembly be arrested by the armed force and punished.
The command officers of the armed force while obliging to the request of the concerned authority must use their forces mildly not causing injury to the public and their properties while discharging their responsibility of dispersing the mob and or suing their force in arresting or detaining them.
A situation wherein no Executive Magistrate could be communicated or present on the place of unlawful assembly any Commissioned Officer or a Gazetted Officer of the armed forces can disperse members of the unlawful assembly by involving their forces, confine those members of the assembly and punish them under this provision. Later the Command Officer came in contact with the concerned Executive Magistrate he then obey to his instructions and whether to continue with the action or not be decided by the Magistrate.
No Criminal Complaint against any person who performed the act to control members of the unlawful assembly under Sections 129, 130 and 131 is filed, except;
- Only after obtaining prior permission from the Central Government if the person is from armed forces;
- Only after obtaining prior sanctions of the State in any other case.
The Executive Magistrate or the Police Officer who acted in good faith invoking any of the provisions discussed herein are exempted from committing any offence under this provision.
No person who acted under Sections 129 and 130 on request.
No Officer of the armed forces acted under Section 131 in good faith. And any persons from the armed forces who obeyed the orders of their Officer under the provisions committed no offence.