CrPC Section 129
Section 129 CrPC – Use of civil force to disperse unlawful assembly
📜 Text of Section 129 CrPC:
“Whenever any unlawful assembly, or any meeting of five or more persons, is summoned or convened or held, and the Magistrate or any other public servant specially empowered by the State Government in this behalf is of opinion that it is likely to cause a disturbance of the public peace, such Magistrate or public servant may use civil force to disperse such assembly or meeting.”
🔍 Detailed Explanation:
1. Context
Section 129 deals with the control and dispersal of unlawful assemblies or meetings that pose a threat to public peace.
The provision empowers certain authorities to take action to maintain law and order.
2. Who can use force under Section 129?
Magistrates, and
Other public servants who are specially empowered by the State Government for this purpose.
3. When can civil force be used?
When there is an unlawful assembly or
A meeting of five or more persons (whether lawful or unlawful) is summoned, convened, or held,
And the Magistrate or empowered public servant believes that such assembly or meeting is likely to cause a disturbance of public peace.
4. Meaning of Civil Force
Civil force refers to the police, home guards, or any organized law enforcement agency.
The use of civil force means that these authorities can be called in to disperse the assembly peacefully or by force if necessary.
5. Purpose
The main objective is to prevent the outbreak or escalation of public disorder.
It gives lawful authority the power to pre-emptively control assemblies that could lead to violence or disturbance.
6. Conditions and Safeguards
The use of civil force must be justified by a reasonable opinion of the Magistrate or empowered public servant.
The assembly or meeting should be either unlawful or likely to disturb public peace.
The action taken should be proportionate and necessary to disperse the assembly.
7. Relation to Other Sections
Section 129 works alongside other sections of the CrPC that deal with unlawful assemblies and riots, such as:
Section 141 – Definition of unlawful assembly,
Section 144 – Power to issue prohibitory orders,
Sections 129 to 132 – Powers to disperse assemblies and use civil force.
⚖️ Summary
| Aspect | Description |
|---|---|
| Authority | Magistrates and public servants empowered by State Government |
| Action | Use of civil force (police or similar) |
| Trigger | Unlawful assembly or meeting of 5+ persons likely to disturb public peace |
| Purpose | To disperse assemblies and maintain public order |
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