Introduction
Maintaining public order and tranquility is a fundamental function of the police in any democratic society. In India, the Code of Criminal Procedure, 1973 (CrPC) lays down several preventive and remedial measures that empower the police and Executive Magistrates to act promptly in the interest of public peace, safety, and harmony.
The CrPC provides specific provisions under Chapters X and XI (Sections 129 to 153) that deal with unlawful assemblies, public nuisances, and urgent preventive actions. These provisions aim to strike a balance between individual liberty and collective security, enabling the State to prevent situations that can escalate into riots, breaches of peace, or communal tension.
This essay outlines how the police act legally and procedurally to maintain public tranquility, including the powers of arrest, dispersal of assemblies, and preemptive orders by Magistrates.
Understanding Public Order vs. Law and Order
- Public Order: Affects the community at large—includes riots, communal violence, or mob unrest.
- Law and Order: Refers to individual breaches of law—like theft, assault, etc.
The police maintain both, but special legal powers are granted under CrPC to handle public order issues.
Legal Framework: Key Provisions of the CrPC
Chapter X – Maintenance of Public Order and Tranquility
Part A: Unlawful Assemblies (Sections 129–132)
Section 129 – Dispersal of Unlawful Assembly by Use of Civil Force
- A Magistrate or police officer of appropriate rank may command an unlawful assembly to disperse.
- If they fail, police may use force to disperse the crowd.
- The force must be reasonable and proportionate.
Section 130 – Use of Armed Forces
- When civil force is insufficient, the Executive Magistrate may call the Armed Forces.
- The officer must act under Magistrate’s direction.
Section 131 – Armed Forces Acting in Urgency
- Allows the commanding officer of armed forces to act without a Magistrate’s order if:
- The public order is at immediate risk, and
- Delay would be dangerous
Section 132 – Protection Against Prosecution
- Protects police and armed forces from legal action for acts done in good faith while dispersing assemblies.
Chapter XI – Preventive Measures
These sections empower police to act before a breach occurs, making them proactive rather than reactive.
Section 149 – Prevention of Cognizable Offences
- A police officer may intervene to prevent the commission of a cognizable offence.
Section 150 – Information of Design to Commit Offences
- Police officers must collect intelligence about plans to commit offences and act accordingly.
Section 151 – Arrest to Prevent Commission of Cognizable Offences
- Allows police to arrest without warrant if they believe a person is about to commit a cognizable offence.
- The person cannot be detained beyond 24 hours unless a Magistrate authorizes it.
Chapter VIII – Preventive Actions by Magistrates
Section 107 – Security for Keeping the Peace
- Magistrate can demand security (bond) from persons likely to disturb peace.
- Commonly used during political rallies, festivals, or communal tensions.
Section 144 – Urgent Measures for Prevention of Danger
- Magistrate may issue orders in urgent cases of nuisance or apprehended danger.
- Orders can:
- Prohibit the gathering of more than 4 persons (Section 144 CrPC)
- Ban carrying weapons or inflammatory speech
- Can be passed ex parte in emergencies
- Valid for up to 2 months, extendable by State Government up to 6 months
Section 133 – Removal of Public Nuisances
- Magistrate can order the removal of illegal constructions, obstructions, or activities that affect public convenience or safety.
Role of Police in Implementation
Intelligence Gathering
- Continuous vigilance, surveillance, and informant networks help police detect brewing tensions.
Preventive Arrests
- Police can take preemptive action under Sections 107 and 151 to prevent escalation.
Coordination with Magistrates
- For Section 144 orders or calling armed forces, the police must work with Executive Magistrates.
Use of Force
- Force is used only when negotiation or warnings fail.
- Lathicharge or tear gas must follow established protocols.
Case Laws and Judicial Oversight
Madhu Limaye v. Sub-Divisional Magistrate (AIR 1971 SC 2486)
- Supreme Court upheld Section 144 as constitutional, but subject to judicial review.
Ramlila Maidan Case (2012)
- Supreme Court criticized excessive use of force by police and emphasized that peaceful assembly is a constitutional right under Article 19(1)(b).
Anuradha Bhasin v. Union of India (2020)
- The court held that Section 144 cannot be used to suppress legitimate dissent or freedom of expression.