142. Effect of disobedience of orders under section 30A(1), Police Act. [§ 12, Act V, 1861].
- An order to disperse may be given under section 30A(1) of the Police Act, 1861, only if an assembly or procession has violated the conditions of a license issued in B.P. Form No. 8. It is not a substitute for an order under section 127(1) of the Code of Criminal Procedure and, before force can be used to disperse an assembly or procession which has disobeyed it, a second order to disperse must normally (vide regulation 143) be given, under section 127(1) of-the Code of Criminal Procedure. When, therefore, there is no time for more than one order to disperse, such order should be given under section 127(1) of the said Code.The advantage of giving an order under section 30A(1) of the Police Act, 1861, are -(i)that an assembly or procession which disobeys it becomes at once an unlawful assembly and sections 127 and 128 of the Code of Criminal Procedure then become applicable even though the circumstances would otherwise not permit their use, and(ii)that the members of such an assembly or procession may be arrested without warrant as being guilty of an offence under section 143 of the Indian Penal Code.
