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Union of India - Section

Section 243 in The Railway Protection Force Rules, 1987

243. Dispersal of unlawful assembly.

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243.1Deputation of Magistrate:-When the Detachment Commander is of opinion that the use of force oropposition to the Mobilisation detachment is probable or when a detachment isdeputed for a protective duty during a strike or insurgency or any other uprising, hemay move that a Magistrate be deputed with it.
243.2Action in the absence of Magistrate:-Whenever the public security and peace shall be manifestly by an unlawfulassembly or any human obstruction in the movement of railway property shall haveto be removed and no Executive Magistrate can be communicated with withoutjeopardizing the situation further, any superior officer of the Force may disperse suchan unlawful assembly or remove the obstruction by force and may arrest and confineany person constituting that unlawful assembly or obstruction.Provided that before using force, the superior office of the Force shall command the unlawful assembly of person constituting the obstruction to disperse and give awarning that if they do not disperse, they shall be dispersed by force.
243.3Use of Force:-If upon being so command any such assembly does not disperse or if withoutbeing so command the assembly conducts itself in such a manner as to showdetermination not be disperse, such officer shall proceed to disperse such anassembly by force:Provided that care shall be taken to use minimum force which is necessary todisperse the assembly or to protect the life and property and secure safety of thecontingent of the Force.
243.4Opening of Fire:Fire shall only be opened under instruction from an Executive Magistrate or whenacting in his own discretion such officer deems it absolutely necessary do so for theprotection of life and property.
243.5Responsibility of Executive Magistrate:If the Executive Magistrate is present , the responsibility for using force against oropening fire on, unlawful assembly shall rest with him and he alone shall direct the Detachment Commander (in writing, if possible) to use force or open fire. When the Executive Magistrate shall not fetter the discretion of the Detachment Commander inmaking his dispositions.;
243.6Responsibility of Detachment Commander. -
(a)Actual order to fire invariably be given by-
(i)Detachment Commander or under his special instructions by any junior officer; or
(ii)an officer-in-command of a party further detached from the mainbody.
(b)Order to cease fire shall be given by the Detachment Commander orsuch other Officer-in-command as soon as the mob shows disposition to retire ordisperse. The Executive Magistrate, if present, shall also have the powers to orderfire to cease.
243.7Action after the dispersal of the mob:-When an unlawful assembly has been dispersed, first aid shall be rendered to thewounded who shall then be sent to the nearest hospital for treatment. Thereafter, the Executive Magistrate of officer-in-command shall draw up an accurate report of allthat transpired, noting the rounds served out and expended and all the details. Theofficer-in-command shall then transmit copies of the report by the quickest means to the officer-in-command of the nearest Police Station as well as to such other officersas may be specified the Directives.