Chapter X

Maintenance of Public Order &

Tranquility SS. 129-148
Copyright- Dr. P. K. Shukla
The following subject matters are included in this chapter.
a) Unlawful Assembly ( SS. 129-132)
b) Public Nuisances ( SS. 133- 143)
c) Temporary orders in Urgent cases of nuisance or
apprehended dangers ( SS. 144-144A)
d) Disputes as to immovable property ( SS. 145-148)
A. Unlawful Assemblies.
Sec. 129
Dispersal of assembly by use of civil
force
Any executive Magistrate or OIC of a police station may use
force for dispersing unlawful assembly if he is satisfied that;
a) The assembly of five or more persons is likely to cause
disturbance of peace.
b) The assembly needs to be dispersed, and
c) It has not dispersed despite such order having been passed
& warning given.
For the purposes, an assembly likely to cause disturbance of
public peace is an unlawful assembly.
Sec 130
Use of armed forces to
disperse assembly.

Finding that the unlawful assembly cannot be otherwise

dispersed, the executive Magistrate of the highest rank
present on the spot may order it to be dispersed by use of
armed forces but in doing so, little force is used doing little
injury to person and property consistent with dispersing
assembly & arresting & detaining such persons.
Sec. 131
Power of Certain armed force
officers to disperse assembly.

In case public security is manifestly endangered & no magistrate

is present, any commissioned or gazetted officer of the Armed
Forces may disperse the assembly with the help of force under
his command, and may arrest or confine any member of such
assembly.
However the commissioned or gazetted officer has to
communicate with the executive Magistrate as soon as
practicable and act under his instructions thereafter.
Sec. 132
Protection against prosecution
for acts done under preceding
section.
• This section provides protection against prosecution and
trial for any act purported to be done U/SS. 129, 130 or
131. without the sanction of the State or the Central
Govt.
• Any executive Magistrate, police officer, officers or
members of the armed forces acting bona fide U/S 129,
130 or 131 shall not be deemed to have committed any
offence.
B. Public nuisances ( SS.133-143)
Sec. 133
Conditional order for removal of
nuisance
The District Magistrate or the executive Magistrate are vested with
extraordinary powers exercisable under extraordinary circumstances e.g.
physical obstruction or nuisance capable of being removed.
The power may be exercised on receipt of a police report or on
information received from any other source.
The magistrate before passing an order for removal of nuisance, should
hear the person against whom order is made and if he contest the
existence of any public right, it should be investigated & inquired into.
Orders passed under this section are temporary and co- ferminus with
judgement or decree of Civil Court. No sooner the civil court declares the
right, the temporary orders u/s. 133 come to an end forth with.
The term public place is not defined u/s. 133 however it means a place to
which public have access by right, permission, usage or otherwise.
Sec. 134
Service or notification of
order.
The order u/s. 133 shall be served on the person against
whom made by summons or be notified by proclamation
published according to rules of the State govt and a copy
there of shall be stuck up at fettest place for conveying the
information to such person.
Sec. 135
Person to whom order is
addressed to obey or show
cause.
There are two options to a person against whom an order is
made u/s. 133. He may either choose to carry out the order
and perform within the time and the manner specified in the
order, the act directed there in or may appear and show
cause against the order & adduce evidence to support his
contention.
Sec. 136
Consequences of his failing to
do so.
If the person neither performs the act nor appears & shows
cause against the order, he shall be punished u/s. 188 I.P.C.
and the order shall be made absolute.
The stringent penalty as above is intended to create
conditional order passed u/s. 133 becoming final without
unnecessary delay with a view to ensuring public safety.
Sec. 137
Procedure where existence of
public right is denied.
• In case public right is denied w.r.t an order passed u/s. 133 the
magistrate has to make an enquiry to ensure existence of reliable
evidence to support denial.
• In case magistrate finds no reliable evidence he has to proceed
u/s. 138 of the court.
• In case magistrate finds reliable evidence to support denial he has
to stay the proceedings pending decision of a competent court
w.r.t existence of such right.
to be continued……