FAQ's - Externment
1) What is meant by externment?
Ans : As per section 55 of Bombay Police Act, 1951, if the movement or encampment of any gang or body of persons is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang, or by members thereof, then such gangs/ bodies of persons can be dispersed and ordered that they remove themselves outside the area. This is process is called externment of gangs and Sub Divisional Magistrates in Districts and DCsP in Commissionerates are empowered to pass such orders.
Similarly, section 56 of Bombay Police Act, 1951 empowers the above named authorities to extern persons engaged in or about to be engaged in offences punishable under Ch XII - XVI – XVII I.P.C. .(for details, please refer sections 55-56 of Bombay Police Act, 1951 )
2) What is preventive detention?
Ans : When the executive officers charged with responsibility of maintaining law and order / Public order in their jurisdictions have reasons to believe that activities/ movements of a person are detrimental / prejudicial to maintaining public tranquility and smooth flow of life, such authorities (C.P./D.M.) may authorize and order such a person to be detained under the various preventive detention laws.
3) What are the executive powers (of CP/DM & other empowered officials) to prohibit certain acts for prevention of disorder?
Ans : The commissioner of Police and the District Magistrate in areas under their respective charges may issue order in writing u/s 37 (3) of Bombay Police Act, 1951 for prohibiting any assembly or procession whenever and for so long as it consider such prohibition necessary for preservation of the public order. Such written order can also be issued for prohibiting the carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence.