When any unlawful assembly cannot be otherwise dispersed, and it is necessary to disperse it for public security, which of the following officers may cause it to be dispersed by the armed forces?

Correct option is B

The correct answer is:(b) Executive Magistrate of the highest rank who is present

Explanation

Under both the old Section 130 of the Code of Criminal Procedure (CrPC) and the new Section 149 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the specific authority to requisition the armed forces for the dispersal of an assembly rests with the Executive Magistrate of the highest rank who is present.

• Necessity for Armed Forces: This power is only exercised when an unlawful assembly (or an assembly of five or more persons likely to disturb public peace) cannot be dispersed by "civil force" and it is deemed necessary for public security.
• Civil Force vs. Armed Forces: While Section 148 of the BNSS (Section 129 CrPC) allows any Executive Magistrate, an officer-in-charge of a police station, or a police officer not below the rank of Sub-Inspector to use civil force, only the highest-ranking Executive Magistrate on the scene can escalate the situation to involve the armed forces.
• Procedure: The Magistrate may require an officer in command of any group of the armed forces to disperse the assembly. The armed forces officer is then bound to obey, using the minimum force necessary and causing the least possible injury to person and property.

Important Distinction

• Section 148 (BNSS) / 129 (CrPC): Civil force (Police) can be used by any Executive Magistrate or a Police Officer (Sub-Inspector and above).
• Section 149 (BNSS) / 130 (CrPC): Armed forces can only be caused to be used by the Executive Magistrate of the highest rank present.
• Section 150 (BNSS) / 131 (CrPC): In extreme cases where public security is manifestly endangered and no Executive Magistrate can be communicated with, certain commissioned or gazetted officers of the armed forces may disperse the assembly on their own initiative.