The document discusses crowd management and the use of force by police during protests and assemblies. It outlines the legal framework for peaceful protests and defines lawful vs unlawful assemblies. It emphasizes using minimum force proportional to the situation to disperse crowds and maintain public order. Intelligence gathering and contingency planning are important. The principles of using non-lethal weapons first, then lathi charge, followed by firing as a last resort with warnings are explained.
2. CROWD ??? (Legitimate Assembly)
OR
MOB ??? (Unlawful assembly)
OR
LOW INTENSITY CONFLICT ???
(Undeclared War)
3. A distinguishing feature of any democracy is
the space offered for legitimate dissent.
One cherished and valuable aspect of political
life in India is a tradition to express
grievances through direct action or peaceful
protest.
Organised, non-violent protest marches were
a key weapon in the struggle for
independence, and the right to peaceful
protest is enshrined as a fundamental right in
the Constitution.
4. The Right to Assemble- Article19(1) (b),
Constitution of India
All citizens have the right to assemble
peacefully and without arms.
This right is subject to reasonable restrictions
in the interest of the sovereignty and integrity
of India and public order.
Test of Reasonableness – Objective &
Speaking
5. Commonwealth Human Rights Initiative, July 2005
An unarmed, peaceful protest procession in the
land of `salt satyagraha', fast-untodeath
and `do or die' is no jural anathema. .
- Justice K.V .Krishna Iyer
The Commonwealth Human Rights Initiative (CHRI) is an
independent, non-partisan, international non-
governmental organisation, mandated to ensure the
practical realisation of human rights in Commonwealth
countries. CHRI is headquartered in New Delhi and has
offices in London (U.K) and Accra (Ghana).
6. All towns in the country, however
large or small have a particular area
and routes dedicated for the purpose
of holding public meetings.
The police and the district
administration have a duty to facilitate
these meetings, in which citizens
exercise their fundamental right of
public assembly. (Hyde Park, London)
Reasonable restrictions
7. At the same time, living in democracy
requires the observance of certain rules, to
allow the State to discharge its responsibility
of maintaining peace and security for
everyone at all times.
These are giving prior information about the
nature and time of protest and the route to
be used by the procession. If these steps are
taken, the police and the administration
cannot do anything that will interfere in
holding peaceful protests.
8. A public assembly can become unruly, which
can mean damage to life and property. This is
when a public assembly becomes unlawful as
defined in Section 141 of the Indian Penal
Code.
Under these circumstances, the district
administration and the police are permitted
to disperse the crowd to prevent injuries or
damage. This may entail the use of force in a
controlled and specified manner.
9. An assembly of five or more persons whose common
object is to:
overawe the government, legislature or any public
servant exercising lawful powers by criminal force, or
through show of criminal force
resist the execution of any law or legal process
commit mischief, criminal trespass or any other
offence
take possession of property or deprive anyone of the
right of way, use of water or legal rights he/she enjoys,
by using criminal force or by a show of criminal force
compel anyone to do what s/he is not legally bound to
do by using criminal force, or through show of criminal
force
compel anyone not to do what s/he is legally bound to
do using criminal force, or through show of criminal
force
10. A distinct possibility of unfriendly foreign
nation sponsored agents creeping within any
Legitimate or Unlawful assembly to overtly
and covertly act as catalyst to convert the
crowd into an Unlawful assembly.
This life and property threatening MOB may
be a ramification of a Low intensity conflict.
11. Intelligence from Formal and Informal
channels on Crowd/Mob/Unlawful assembly
is a must for deciding into the modalities of
handling it.
State level Special Branch having district
units.
National level Intelligence Bureau and their
district units.
District level intelligence units.
Criminal Intelligence from state CID.
Other informal channels
12. Section 144 of Code of Criminal Procedure grants
Power to issue order in urgent cases of nuisance
or apprehended danger by an unlawful assembly.
WHO ? A District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate
specially empowered by the State Government in
this behalf.
WHEN ? If there is sufficient ground for
proceeding under this section to prevent
obstruction, annoyance or injury to any person
lawfully employed, or danger to human life,
health or safety, or a disturbance of the public
tranquility, or a riot, or an affray.
13. HOW ? By a written order stating the material fact
of the case and served in the manner provided by
section 134 CrPC.
WHAT ? Direct any person to abstain from a
certain act or to take certain order with respect to
certain property in his possession or under his
management.
HOW LONG ? For 2 months extendable by 6
months by order of State Government.
ENFORCE ? The promulgating office can enforce
law through all legal means including use of
Force and can set criminal offence into action if
not followed under section 188 IPC (& 174 IPC).
14. Procession/Meeting is a regulated
(responsible?) crowd and with a potential to
become a mob and to prevent it from
becoming illegal and ensure it to be within the
legal framework, license has to be issued.
Sec 66 of Bihar police act, 2007 lays down
mechanism for regulations of public meetings
and processions
(1) It shall be the duty of the person
intending to organize procession on any road,
lane or common road or convene meeting at
public place, to give written intimation to the
Station House Officer of the concerned Police
Station in this regard.
15. 66(2)(a) Any officer, at least of the rank of
Assistant/ Deputy Superintendent of Police, shall
wherever necessary, give directions, for conduct of
all meeting, procession on all public street, lane or
common road and shall decide the route and time
for the passage of any of such processions.
(b) On being satisfied that any person intends or
persons intend to organize or convene public
meeting or procession on any street, lane or
common road, which in the opinion of the District
Magistrate or the Sub-Divisional Magistrate may
disturb peace, in case it goes out of control, shall
through a general or special notice also call upon
the person organizing or convening such public
meeting or leading or encouraging such
procession, to apply for the license thereof.
16. (c) After application is given, s/he shall
issue a license, which shall contain names
of the concerned license holder and the
conditions on which convening such public
meeting or procession, shall be allowed,
provided no fee shall be charged for
granting such license.
(d) He shall also regulate the limit of the
volume of the music to be played in lane on
the occasion of music concert or festivals or
other occasions. (Sec 68 of Bihar Police Act,
2007, Control of the use and Play of Loud
Speakers Act, 1955, Bihar Control of the Use & Play
of Loud-Speakers Rules, 1951)
17. Sec 67 lays down rules when an assembly and
procession violates certain conditions
(1) Police Officers at least of the rank of Sub
inspector authorized for this purpose by any
magistrate or District Superintendent of Police shall
prevent or order for dispersal of the public meeting
or procession violating the conditions specified under
sub-sections (1) and (2) of section (66).
(2) Any public meeting or procession ignoring or
denying to follow any order specified in the above
sub-section (1) shall be treated as illegal meeting
under chapter XIII of the Indian Penal Code, 1860.
18. Section 129 & 130 of Code of Criminal Procedure
Only an executive magistrate or an officer- in charge
of a police station (in his absence an officer not below
an SI) can order the use of force.
Use of force can only be resorted to if an unlawful
assembly or an assembly of five or more people
(likely to disturb public peace) does not disperse on
being ordered to or shows a determination not to
disperse.
If the assembly cannot be dispersed otherwise and it
is necessary in public interest, then the executive
magistrate can order armed forces to disperse the
assembly.
Even then, every officer must use as little force, and
do as little injury to person and property.
19. The principle governing the use of force against
an unlawful assembly, which can potentially
cause damage to life and property, as explained
in the law and in police procedures remains
constant:
“It focuses in on the difficult task of controlling
large groups of people with a limited number of
officers and resources.”
“force should only be used when it is absolutely
necessary, it should be minimum and
proportional to the situation and its use should
be discontinued as soon as the danger to life and
property subsides..”
20. Section 99 Indian Penal Code
“Law enforcement agencies enjoy the same
right of private defence as ordinary people
under the Indian Penal Code to protect life
and property, which in any case cannot cause
more harm than is necessary for self
defence.”
21. Principle 4, Code of Conduct for the Police in
India
“As far as practicable, the methods of
persuasion, advice and warning should be
used. If however, the use of force becomes
unavoidable then only the irreducible
minimum force required in the circumstances
should be used.”
22. Model Rules on the Use of Force by the Police
against Unlawful Crowds (Adopted by the
Inspectors General of Police Conference, 1964)
Minimum necessary force should be used to
achieve the desired object.
Force should be regulated according
to the circumstances of each case.
The object of such use of force is to disperse the
assembly and no punitive or repressive
considerations should be operative while such
force is being used.
23. Section 13 & 14 of UN Basic Principles for the
Use of Force and Firearms
The UN Basic Principles state that the use of
force in dispersing non-violent unlawful
assemblies should be avoided and if that is
not possible, then minimum force should be
used. In the case of violent unlawful
assemblies, firearms should only be used if
less dangerous means are not available and
only to the minimum extent necessary.
24. The police must invariably secure the presence of
a magistrate where it anticipates a breach of
peace.
The decision to use force and the type of force to
be used is to be taken by the magistrate.
Once the order for the use of force is given by
the magistrate, the extent of force to be used will
be determined by the senior-most police officer.
The extent of force used must be subject to the
principle of minimum use of force. Use of force
should be progressive i.e firearms must be used
as a last resort if tear smoke and lathi charge fail
to disperse the crowd.
VIDEOGRAPHY is a must.
25. Common non lethal weapons which causes no
bodily injury and allows recovery of affected
persons should be used.
Large crowd and the likelihood of failure of use
of tearsmoke,the police may resort to lathi
charge.
Lathi charge can only begin if the crowd refuses
to disperse after a suitable warning.
Clear warning of the intention to carry out a lathi
charge should be given through a bugle or
whistle call in a language understood by the
crowd. If available, a riot flag must be raised. If
the police officer in-charge is satisfied it is not
practical to give a warning, s/he may order a
lathi charge without warning.
26. Lathi blows should be aimed at soft portions
of the body and contact with the head or
collarbone should be avoided as far as
practicable.
The lathi blows must not cease until the
crowd is completely dispersed
If the crowd fails to disperse through the lathi
charge, the magistrate or the competent
officer (SHO or SI in his absence) may order
firing.
27. The fullest warning in a clear and distinct
manner must be given to the crowd to inform
them that the firing will be effective. Thus
Requirement of a PA System should always be
the part of the Crowd Management
Strategies.
If after the warning, the crowd refuses to
disperse the order to fire may be given.
The police are not on any account allowed to
fire except on a command given by their
officer.
28. A warning shot in the air or firing over the
heads of the crowd is not advisable.
An armed force should maintain a safe
distance from a dangerous crowd to prevent
being overwhelmed, or increasing the
chances of inflicting heavy casualties.
Aim should be kept low and directed at the
most threatening part of the crowd.
Firing should cease the moment the crowd
show signs of dispersing.
29. All help should be rendered to convey the
wounded to the hospital.
Police officers and deputed Magistrates must not
leave the scene of disturbance before satisfying
themselves beyond reasonable doubt about the
restoration of tranquility.
An accurate diary of all incidents, orders and
action along with the time of occurrence should
be maintained by the police and Magistrate
separately. This will include a joint and an
individual report by all officers involved in the
firing.
The number of fired cartridges and the balance
of unfired cartridges should be verified to ensure
ammunition is accounted for.
30. Official, timely, detailed and continuous
Media Briefing .
Medical Facilities in place.
Lines of communication need to be kept open
with the protestors and their leaders.
Address the issues immediately after the
event or simultaneously to prevent continuity,
spread or repeat of the protests.
Peace committees.
Fix up responsibility and Contingency plan
(Internal Security Plan).
31. Lodge Criminal cases.
Assess and discuss the action taken for
improvement and lessons for future.
Confidence building measures.
Study, assessment and containment of
source and mode of spread of RUMOURS.
Counter strategies.
32.
33.
34. Sample study of Contingency plan for
Communal Riots in Aligarh district of Uttar
Pradesh.
It can be used as a prototype of a
contingency plan in Bihar as per the
requirements of the local situation.
