Gradation A B C E H F G D 1 2 3 4 5 6 7 8 Picketers DGP Local Police Sl. No. Respondent Proper Result 1 2 3 4 5 6 7 8 1. Picketers A B C E H F G D 2. DGP 3. Local Police 4. DM

Caesar’s Dilemma - ‘Was it Burning?’ The Dissection

Their Performance and Exploits “Champions of the Masses” The Agitators & Picketers-

IPC - Ch. VIII (Extracts) Offences against Public Tranqulity

IPC Ch. XVI – Of Criminal Force & Assault S. 349: Force - A person causing – motion, change or cessation of motion to – i) another person, or ii) any substance which brings it in contact with another’s body etc., or iii)Anything affecting another’s sense of feeling;

IPC CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY (EXTRACTS) S. 350: Criminal Force – Intentionally using force - without consent, to commit any offence, or intending / knowing that it could cause injury, fear or annoyance to another person;

IPC - Ch. XVI (Extracts) Offences affecting Human Body S. 339:Wrongful Restraint – Voluntarily preventing a person- From proceeding in any direction- To which he has a Right to proceed; Punishment (S. 341) – 1 month / Fine;

IPC CHAPTER XVI (EXTRACTS ) OF OFFENCES AFFECTING THE HUMAN BODY S. 351: Assault – One person (‘X’) making any gesture or preparation, intending / knowing that another person present (‘Y’), may apprehend that the first person (‘X’) is about to use criminal force; Mere words – no assault, But words may give such meaning as to make the gestures or preparation amount to an assault.

IPC - Ch. XVI (Extracts) Offences affecting Human Body S. 353 : Assault / Criminal force to deter Public Servant from discharging duty- Anyone assaulting / using criminal force – to Public Servant in execution of his duty, with intent to prevent or deter discharging of that duty, Punishable – Imprisonment upto 2 years/Fine/ both;

S. 503 : Criminal intimidation – IPC - CHAPTER XXII (Extracts) CRIMINAL INTIMIDATION, INSULT & ANNOYANCE S. 503 : Criminal intimidation – Threatening any person - with injury to person, reputation/property – with intent to alarm / cause that person to- Do any act which he is legally not bound to do, or, Omit to do any act to which he is legally entitled;

Expected of ‘Guardians of Law’ The Police

to disperse; S. 129:-Dispersal of Assembly--- Chapter X (Extracts) MAINTENANCE OF PUBLIC ORDER TRANQUILITY A - Unlawful Assemblies S. 129:-Dispersal of Assembly--- Any -- O/C of PS/ Police Officer, not below Sub-Inspector, may command – any unlawful assembly, or any assembly of five or more persons likely to cause disturbance of public peace, to disperse;

Cr. PC - Chapter XI (Extracts) PREVENTIVE ACTION OF POLICE (S.149) Police officer may interpose , and shall to the best of his ability - prevent commission of any cognizable offence;

Cr. PC - Chapter XI (Extracts) PREVENTIVE ACTION OF POLICE Information of design to commit cognizable offences Every Police Officer receiving such information shall communicate it to - His Superior, Other officer whose duty it is to prevent take cognizance of such offence;

Cr. PC - Chapter XI (Extracts) PREVENTIVE ACTION OF THE POLICE Arrest to prevent commission of cognizable offences (S. 151) - Police officer knowing of a design to commit any cognizable offence may arrest a person – without a Magistrate’s orders ; without a warrant; if commission of offence cannot be otherwise prevented;

Cr. PC - THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES UNDER I.P.C. Section Offence Punishment Cognizable or Non-cognizable Bailable or Non- Bailable By what Court triable 142 Being member of an Unlawful Assembly 6 Months /+ Fine Cognizable Any Magistrate 341 Wrongfully restraining any person S I -1month/+ Fine

Cr. PC - THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES UNDER I.P.C. Section Offence Punishment Cognizable or Non-cognizable Bailable or Non- Bailable By what Court Triable 353 Assault / use of criminal force to deter Public servant from duty 2 years/ + Fine Non-Bailable Magistrate of the First Class 221 Intentional omission by Public Servant bound by law to apprehend an offender-- Minimum 2 years / +Fine Any Magistrate

Expected of ‘Chief Executive Magistrate’ The DM

Executive Magistrate’s Duties (Cr. PC)

S. 129:-Dispersal of Assembly - Chapter X (Extracts) MAINTENANCE OF PUBLIC ORDER TRANQUILITY A - Unlawful Assemblies S. 129:-Dispersal of Assembly - Any Executive Magistrate / O/C of Police-----, may command – any unlawful assembly, or any assembly of five or more persons likely to cause disturbance of public peace, to disperse;

Public Nuisances (Extracts) S. 133- Conditional order for removal of nuisance - (1) Whenever a DM / SDM / other Ex. Magistrate considers, on report of a police officer or other information That any unlawful obstruction or nuisance should be removed from any public place or -- way, such Magistrate may make a conditional order requiring the person --- To remove such obstruction or nuisance; or To desist from-----

S. 133 – Public Nuisance (Nature of complaint) Police Report Any other information

Removal Obstruction / Nuisance (way , river or channel) S. 133 - Nature of Remedy Content of Complaint Remedy Offered Obstruction / Nuisance (way , river or channel) Removal .

Public Nuisances (Extracts)-II S. 143: Magistrate may prohibit repetition – Any DM / SDM / Ex. Magistrate empowered, may order – any person not to repeat / continue a public nuisance, as defined in IPC or Special / Local law.

Urgent cases of Nuisance / Danger (Extracts) S.144: Power to issue order in urgent cases – (1) Magistrate may, direct any person or public generally to abstain from a certain act , or ---- to prevent, obstruction, annoyance or injury to person lawfully employed, or danger – (2) Such order can be ex parte,

S. 108 -(1)When an Executive Magistrate receives information that any person,--- (i)--,intentionally disseminates or attempts / abets dissemination of (b) any matter concerning a Judge --- amounting to criminal intimidation / defamation under IPC the Magistrate may---, require such person to show cause, why he should not be ordered to execute a bond,--

RELEVANT Cr. PC PROVISIONS-Summary Security for good behaviour from persons disseminating seditious matters; Ss. 129 - 130: Dispersal of unlawful assembly; Ss. 133 – 143/145: Conditional order for removal of nuisance; S. 144: Power to issue order in urgent cases of nuisance or apprehended danger;

Expected of DM ‘The All India Service Officer’

2.(e) “Member of the Service" “All India Service Conduct Rules (1968)” 2.(e) “Member of the Service" means a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (61 of 1951)

“All India Service Conduct Rules (1968)” 3. General - Every member of the Service shall – at all times maintain absolute integrity and devotion to duty; (2) & (6) take all possible steps to ensure integrity of, and devotion to duty by all Government servants --- under his control and authority;

“All India Service Conduct Rules (1968)” Personal Integrity & Devotion to Duty: Every member of the Service shall at all times maintain absolute integrity. (2) --- and shall carry out the duties of his Office loyally, honestly impartially and with efficiency. (e) Not to evade his responsibilities by seeking instructions from superior officer or authority when not necessary;

“All India Service Conduct Rules (1968)” 5. Duty towards the Service: A member --- shall do nothing -- unbecoming of an officer belonging to the Service. Explanation: Acts unbecoming shall include (b) Adoption of dilatory tactics in dealing with public matters

“All India Service Conduct Rules (1968)” 7. Duty towards the Public: Every member of the Service shall, act in a courteous, impartial, efficient and decisive manner, while discharging his duties.

Their Actual Performance Police & The Magistracy

IPC - Ch.XI(Extracts) Offences relating to Public Justice S. 221: -Intentional omission on part of Public Servant bound to apprehend- A Public Servant legally bound to apprehend - Any person liable for an offence, Intentionally omitting to apprehend; Punishment - imprisonment upto 7 / 3 / 2 years, with / without fine - depending on gravity of offence involved;

Cr. PC - THE FIRST SCHEDULE (Classification Under IPC) Section Offence Punishment Cognizable or Non-cognizable Bailable or Non- Bailable By what Court Triable 221 Intentional omission by Public Servant bound by law to apprehend an offender-- Minimum 2 years / +Fine Magistrate of the First Class

IPC - Ch. XI (Extracts) Offences by Public Servants S. 166: Public Servant knowingly disobeying any direction of law As to the way in which he is to conduct himself, Punishment - SI upto 1 year /+ Fine,

What He could do Appear Decisive & Unawed; Take Track –II; At Field Level In court Defence Appear Decisive & Unawed; Take Track –II; Handle Bigwigs with Finesse; Home work on Paper; Disengage from Other Agency; Emulate CS / HS; Not plead ignorance; Place Paperwork

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