To disperse the assembly by using force, it should be:
(1) An unlawful assembly with the object of committing violence or an assembly of five or more persons likely to cause a disturbance of the public peace;
(2) Ordered to be dispersed; and
(3) An assembly which does not disperse in spite of order to disperse.
Unauthorized firing on assembled people is disapproved and unjustified and the dependants of the victims were ordered to be compensated by the State.
Section 129 contemplates two kinds of assemblies:
(1) An unlawful assembly within the meaning of Section 141 of the Indian Penal Code; and
(2) An assembly of five or more persons likely to cause a disturbance of public peace.
For disobeying the command to disperse the former kind of assembly is punishable under Section 145 of the Indian Penal Code and the latter under Section 151 of the Indian Penal Code. The unlawful character of the assembly has to be determined with reference to Section 141 of the Indian Penal Code.