Uncertain times are ongoing, while India embraces the exigencies, and seeks to stand prepared for any dangers. The mock drill conducted on May 7 after Pahalgam Attack, and the recent postponement of another mock drill under Operation Shield is another chapter of defence exercise. Therefore, knowing all about safety is good. But not looking at the law behind mock drill is not a reflection of being legal professionals. Therefore, we have compiled an explanation of the provisions included in the Civil Defence Act which empower the authorities to carry out safety measures. Let’s take a drill over legal understanding.
What is a Mock Drill?
In recent years, India and the world has witnessed several exigencies which could not be anticipated. Examples are COVID-19 pandemic, India-Pakistan tensions in April-May 2025, severe climate change. When things are out of control, routine life is affected, and preparedness is the only option left. Mock drill is an exercise involving the authorities and general public to assess the readiness in order to tackle the unseen dangers and circumstances. The aim is to prepare all the stakeholders for real-life emergencies like earthquakes.
The Civil Defence Act, 1968
Now that we know a lot about mock drills, let’s have a look at the law which authorizes the authorities themselves, to carry out functions of civil defence. An Act which came into force on July 10, 1968, the Civil Defence Act was enacted empowering the Government for making provisions on civil defence and related matters. In case of emergencies, where life and safety of general public is in danger, the Act seeks authorities to come into action. Some preventive measures may be taken to avoid any major losses. Here is a broader look at the provisions of the 1968 Act.
Central Government’s Power to Make Rules for Civil Defence
Mostly, the Civil Defence Act empowers the Central Government for making rules and regulations, and pass orders in furtherance of the requirements of the Act.
Restrictions during Mock Drill or Civil Defence
The Central Govt. may make rules for the following purposes:
- Preventing the course of action related to a work that may be prejudicial to civil defence;
- Instructing the people about civil defense and regarding the equipments for such defence;
- For providing, storing and maintaining commodities, etc. required for civil defence or mock drill;
- Regulating or prohibiting traffic, use of vessels, buoys, lights and signals in ports and water resources;
- Controlling lights and sounds (since they usually order black-outs during mock drill);
- Taking fire prevention, etc. to protect life and property;
- In case of a hostile attack, securing buildings, premises, or other structures, not to be readily recognized;
- Demolishing, destroying or describing as useless – a building, premises or other structures to prevent danger to life or property;
- Banning or controlling the arms and ammunition, vessels, any wireless messaging equipments, aircraft, any gadgets for photography, signalling or recording information;
- Evacuating or removing people and chattel from specific areas;
- Accommodating for those evacuated and regulating their conduct;
- Billeting those evacuated to perform functions during mock drill or as per Civil Defence Act;
- Restoring damaged property and disposal of the dead;
- Seizing, taking into custody or destroying injured, unclaimed or dangerous animals;
- Ensuring safety of different means of navigation, transport (railways, bridges, etc.), communication, sources and supply systems of water, gas, electricity, etc., storage warehouses, industrial and commercial undertakings, places of scientific and technological research and training, any other aspect necessary for securing civil defence;
- Taking precautionary measures by the authorities employed for purposes other than civil defence, within their jurisdictions;
- Preventing or regulating use of uniforms, flags, etc., which may deceive or be prejudicial to civil defence;
- Taking precautions to protect general public against the apprehension of hostile attack;
- Requiring specific property owners, occupiers, etc. to arrange for detection and prevention of fire, as necessary;
- Taking measures to deal with fire outbreaks;
- Restricting people indoors during specified hours, unless permitted by a specific authority;
- Restricting print or publication of any newspaper, news-sheet, book or other document, and demanding security from Press on matters prejudicial to civil defence;
- Regulating people’s conduct as and where necessary, and requiring them to complying with the scheme of civil defense or mock drill;
It may be noted that any contravention to the rules made in furtherance of aforementioned powers may be punishable with maximum fine of Rs 500. In case of continuing contravention, further fine of max. Rs 50 for each day may be imposed.
Civil Defence Corps
Chapter 3 of the Civil Defence Act, 1968 lays about the constitution of Civil Defence Corps by the State Governments. The said Civil Defence Corps are commanded by the Controller. Anyone not below the rank of District Magistrate may be appointed as the Controller. Coordination with the activities of Controllers within a State is the responsibility of the State Government. A Director of Civil Defence may be appointed for the same. The major function of Civil Defence Corps is to carry out measures for civil defence, as assigned by the rules made under the 1968 Act, or any other law. They may have to undergo training and discharge functions for civil defence as and when called out.
Usual Life to Sustain
While the Law for Civil Defence may include safety measures and mock drill, the authorities are required to ensure minimal interference with the ordinary avocations of life and enjoyment of property. While public safety and civil defence remain their focus, the authorities also need to keep up with routine life and avoid hindrance as much as possible.
Government’s Power to Delegate
Administrative functions become more efficient when things are delegated. One Prime Minister or One Chief Minister is not enough to tackle all kinds of hindrances and make all kinds of decisions. Therefore, the powers are mostly distributed among the Central Government and State Governments. They may further delegate to the specific officers or authorities, as the case may be.
No Prosecution for Good Faith
The Civil Defence Law makes it clear that any mock drill or action taken in good faith under the Act may not be subject to legal proceedings. Any Government, Director, Controller or any person authorised by the Government/Controller shall not be prosecuted if he/she acted in good faith as per the 1968 Act.
