cover image: The Calcutta Weekly Notes  December 3  1945

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The Calcutta Weekly Notes December 3 1945

1945

Under the common law of England the Crown and its servants have the right to put down breaches of the peace or any violent resisance to the law and to use force in the exercise of that right even to the extent of causing death. [...] The presence of a Magistrate is rquired only as a matter of prudence by the Army regulations and the reading of the Riot Act only makes the failure of the crowd to disperse a felony and on that ground affords a statutory protection for using force. [...] Even in the absence of a Magistrate or before reading the Riot Act the servants of the Crown or for the matter of that all citizens have not only the right but are under a duty to disperse riotous assemblies. [...] A private citizen is under The degree of force" says the Report no duty except when called upon by a Magi" which may lawfully be used in the suppression trate or an officer of a police station to help him of riotous assemblies_ depends upon the nature to aid in the suppression of unlawful assemblies; of each riot for the force used must always be the only right to 'use force that a private [...] Such firing to be lawful must in the case of a riot like the present be necessary to stop or prevent such serious and violent crime as we have alluded to; and it must be conducted without recklessness or negligence." " The duty of Magistrates and peace officers to summon or to abstain from summoning the assistance of the military depends on the necesities of the case.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes December 3 1945
ix-xii unknown view

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