File

File Copyright
Copyright Online
Online
((https://www.legalserviceindia.com/copyright/register.htm
https://www.legalserviceindia.com/copyright/register.htm)) -- File
File mutual
mutual
Divorce
Divorce in
in Delhi
Delhi
((https://www.legalserviceindia.com/helpline/mutual_consent_divorce.htm
https://www.legalserviceindia.com/helpline/mutual_consent_divorce.htm)) --
Online
Online Legal
Legal Advice
Advice ((https://www.legalserviceindia.com/consult/advice.htm
https://www.legalserviceindia.com/consult/advice.htm
https://www.legalserviceindia.com/consult/advice.htm)) --
Lawyers
Lawyers inin India
India
((https://www.legalserviceindia.com/lawyers/lawyers_home.htm
https://www.legalserviceindia.com/lawyers/lawyers_home.htm))

Section 144 crpc

By
By Om2612
Om2612 || Views
Views 11608
11608 ((author-23255-om2612.html
author-23255-om2612.html
author-23255-om2612.html))

1 1 2 Blogger 0 whatsapp 1 pocket 0

Digg 0

What is section 144 of crpc?

Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive
Magistrate of any state or territory to issue an order to prohibit the assembly of four or
more people in an area. According to the law, every member of such 'unlawful assembly'
can be booked for engaging in rioting.

Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event
that has the potential to cause trouble or damage to human life or property. Section 144 of
:
 CrPC generally prohibits public gathering.

Section 144 has been used in the past to impose restrictions as a means to prevent
protests that can lead to unrest or riots. The orders to impose Section 144 have been
conferred to Executive Magistrate when there is an emergency situation. Section 144 also
restricts carrying any sort of weapon in that area where it has been imposed and people
can be detained for violating it. The maximum punishment for such an act is three years.

According to the order under this section, there shall be no movement of public and all
educational institutions shall also remain closed and there will be a complete bar on
holding any kind of public meetings or rallies during the period of operation of this order.

Moreover, obstructing law enforcement agencies from dispersing an unlawful assembly is

a punishable o!ence. Section 144 also empowers the authorities to block the internet
access.

144 CrPC bars the conduct of certain activities or actions or events which are allowed to be
done in regular course. It is imposed to ensure maintenance of peace and tranquillity in an
area.

Why is Section 144 in News?

On September 17, 2020, restrictions under Section 144 were imposed in Mumbai by order
of the Commissioner of Police, Greater Mumbai. These restrictions were imposed in view
of an unrelenting surge in coronavirus cases in the city. Mumbai has been one of the most
a!ected Indian cities in the Covid-19 pandemic, which has had the entire world in its grips
since early 2020.

On March 23, the Delhi government imposed Section 144 in Delhi to stop the spread of
:
 coronavirus, which had claimed over 14,500 lives worldwide and had infected over
3,40,000 people. As the virus spread its wings in India, several states for Delhi government
and imposed Section 144 to restrain local transmission of covid-19.

On February 12, Section 144 was imposed in North Goa district following intelligence
inputs about possible terror threat along the western coast. North Goa District Magistrate,
in a notification said it would be imposed for 60 days, from February 11 to April 10.

On February 8, internet snapped across Jammu and Kashmir and Section 144 was imposed
in view of the death anniversary of Maqbool Bhat and Afzal Guru.

Features of Section 144:

It places restrictions on handling or transporting any kind of weapon in the given
jurisdiction. The maximum punishment for such an act is three years.
According to the order under this section, there shall be no movement of public and
all educational institutions shall also remain closed.
Further, there will be a complete bar on holding any kind of public meetings or rallies
during the period of operation of this order.
It is deemed a punishable o!ence to obstruct law enforcement agencies from
disbanding an unlawful assembly.
It also empowers the authorities to block internet access in the region. • The ultimate
purpose of Section 144 is to maintain peace and order in the areas where trouble
could erupt to disrupt the regular life.

Di!erence between Section 144 and Curfew:

Section 144 prohibits gathering of four or more people in the concerned area, while during
curfew people are instructed to stay indoors for a particular period of time. The
government puts a complete restriction on tra"c as well.

Markets, schools, colleges and o"ces remain closed under the curfew and only essential
services are allowed to run on prior notice.

Court's Ruling on Section 144:

Dr
Dr Ram
Ram Manohar
Manohar Lohiya
Lohiya case
case 1967,
1967, the Supreme Court held that “no democracy can
exist if ‘public order' is freely allowed to be disturbed by a section of the citizens”.

The Supreme court in another recent judgement said that the section cannot be used to
impose restrictions on citizens' fundamental right to assemble peacefully, cannot be
invoked as a 'tool' to 'prevent the legitimate expression of opinion or grievance or exercise
of any democratic rights'.

Conclusion Section 144 is a useful tool to help deal with emergencies. However, absence of
any narrow tailoring of wide executive powers with specific objectives, coupled with very
limited judicial oversight over the executive branch, makes it ripe for abuse and misuse.
:
 Before proceeding under this section, the Magistrate should hold an enquiry and record
the urgency of the matter.

New Delhi to Mumbai

from Rs7,086

View

There is a need to balance the granting of plenary powers by the legislature to deal with
emergent situations, and the need to protect the personal liberty and other freedoms
granted to the citizens under the fundamental rights of the Constitution

Written
Written By:
By: Om
Om Tirankar
Tirankar

Law Article in India

Please Drop Your Comments

0 comments

Sort by Newest

Add a comment...

Facebook Comments Plugin

:
 Ask
Ask AA Lawyers
Lawyers ((https://legalserviceindia.com/lawyers/lawyers_home.htm
https://legalserviceindia.com/lawyers/lawyers_home.htm
https://legalserviceindia.com/lawyers/lawyers_home.htm))

You May Like

(article-16995-fundamentals-of-cybersecurity.html)
Fundamentals of Cybersecurity
(article-16995-fundamentals-of-cybersecurity.html)

(article-16993-maritime-security-in-the-customary-international-law.html)
:
 Maritime Security In The Cu...
(article-16993-maritime-security-in-the-customary-international-law.html)

(article-16992-understanding-o!enses-a!ecting-human-body-comparing-sections-299-
300-307-308-and-324-of-ipc.html)

Understanding O!enses A!e...

(article-16992-understanding-o!enses-a!ecting-human-body-comparing-sections-299-
300-307-308-and-324-of-ipc.html)
:
 (article-16990-deemed-decree-a-comprehensive-analysis-under-the-code-of-civil-
procedure-1908.html)
Deemed Decree: A Comprehens...
(article-16990-deemed-decree-a-comprehensive-analysis-under-the-code-of-civil-
procedure-1908.html)
:
 (article-16976-defamation-as-a-political-weapon.html)
Defamation As A Political W...
(article-16976-defamation-as-a-political-weapon.html)
:
 (article-16975-carbon-trading-and-legal-mechanisms-in-india.html)

Carbon Trading and Legal Me...

(article-16975-carbon-trading-and-legal-mechanisms-in-india.html)

Legal Question & Answers

:
 Filing a caveat in the Supreme Court
of India can be a …
Protection against ex-parte orders: Filing
a caveat in the Supreme Court can help
protect a party fr…
Apr 13, 2023 11:33 AM  

1.I received a denial of my long-term

disability claim …
Powered by feedwind

Lawyers in India (https://www.legalserviceindia.com/lawyers/lawyers_home.htm) -

Search By City
Kolkata
Kolkata
((/lawyers/calcutta.htm
/lawyers/calcutta.htm))
Siliguri
Siliguri
Delhi
Delhi ((/lawyers/delhi.htm
/lawyers/delhi.htm
/lawyers/delhi.htm))
((/lawyers/siliguri.htm
/lawyers/siliguri.htm))
Chandigarh
Chandigarh
Durgapur
((/lawyers/chandigarh.htm
/lawyers/chandigarh.htm))
(/lawyers/durgapur.htm)
Allahabad
Jamshedpur
(/lawyers/allahabad.htm)
(/lawyers/jamshedpur.htm)
Lucknow
Ranchi (/lawyers/ranchi.htm)
(/lawyers/lucknow.htm)
Janjgir
Gurgaon
(/lawyers/chhattisgarh.htm)
(/lawyers/gurgaon.htm)
Dimapur
Faridabad
(/lawyers/dimapur.htm)
(/lawyers/faridabad.htm)
Guwahati
Guwahati
Noida (/lawyers/noida.htm)
((/lawyers/guwahati.htm
/lawyers/guwahati.htm))
Ghaziabad
New Delhi
(/lawyers/ghaziabad.htm)
(/lawyers/new_delhi.htm)
Jalandhar
Ludhiana
(/lawyers/jalandhar.htm)
(/lawyers/ludhiana.htm)
Agra (/lawyers/agra.htm)
Jaipur (/lawyers/jaipur.htm)
Jodhpur
(/lawyers/jodhpur.htm)
Chennai
Chennai
Amritsar
((/lawyers/chennai.htm
/lawyers/chennai.htm))
(/lawyers/amritsar.htm)
Bangalore
Bangalore
((/lawyers/bangalore.htm
/lawyers/bangalore.htm))
Mumbai
Mumbai
Hyderabad
Hyderabad
((/lawyers/bombay.htm
/lawyers/bombay.htm))
((/lawyers/hyderabad.htm
/lawyers/hyderabad.htm))
Pune
Pune ((/lawyers/pune.htm
/lawyers/pune.htm
/lawyers/pune.htm))
:
 Nagpur (/lawyers/nagpur.htm)
Belgaum
(/lawyers/belgaum.htm)
Jalgaon (/lawyers/jalgaon.htm)
Nashik (/lawyers/nashik.htm)
Ahmedabad
Ahmedabad
((/lawyers/ahmedabad.htm
/lawyers/ahmedabad.htm))
Surat (/lawyers/surat.htm)
Indore (/lawyers/indore.htm)
Khandwa
(/lawyers/khandwa.htm)
Rajkot (/lawyers/rajkot.htm)
Visakhapatnam
(/lawyers/visakhapatnam.htm)
Cochin
Cochin
((/lawyers/cochin.htm
/lawyers/cochin.htm))
Coimbatore
(/lawyers/coimbatore.htm)
Pondicherry
(/lawyers/Pondicherry.htm)
Trivandrum
(/lawyers/trivandrum.htm)
Eluru (/lawyers/eluru.htm)
Vapi (/lawyers/vapi.htm)
Bengaluru
(/lawyers/bengaluru.htm)

Online
Online Copyright
Copyright Registration
Registration
((https://legalserviceindia.com/copyright/register.htm
https://legalserviceindia.com/copyright/register.htm))

LawArticles

How To File For Mutual Divorce In Delhi

(article-1395-how-to-file-for-mutual-divorce-in-delhi.html) (article-1395-how-to-file-for-
:
 mutual-divorce-in-delhi.html)
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to
Obtain a D...

Increased Age For Girls Marriage

(article-8374-increased-age-for-girls-marriage.html) (article-8374-increased-age-for-girls-
:
 marriage.html)
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends
to inc...

Facade of Social Media

(article-8409-facade-of-social-media.html) (article-8409-facade-of-social-media.html)
One may very easily get absorbed in the lives of others as one scrolls through a
Facebook news ...
:
 Section 482 CrPc - Quashing Of FIR: Guid...
(article-2898-section-482-crpc-quashing-of-fir-guidelines-set-out-by-the-hon-ble-
supreme-court-of-india.html) (article-2898-section-482-crpc-quashing-of-fir-guidelines-
:
 set-out-by-the-hon-ble-supreme-court-of-india.html)
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th
Chapter of t...

The Uniform Civil Code (UCC) in India: A...

(article-12620-the-uniform-civil-code-ucc-in-india-a-boon-or-bane-.html) (article-12620-

the-uniform-civil-code-ucc-in-india-a-boon-or-bane-.html)
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws
across...

Role Of Artificial Intelligence In Legal...

(article-12037-role-of-artificial-intelligence-in-legal-education-and-legal-profession.html)
:
 (article-12037-role-of-artificial-intelligence-in-legal-education-and-legal-profession.html)
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal
i...
:
 Lawyers in India

Lawyers
Lawyers Membership
Membership
((https://legalserviceindia.com/lawyers/payment/register.htm
https://legalserviceindia.com/lawyers/payment/register.htm)) - Get Clients
Online

File caveat In Supreme Court Instantly

(https://legalserviceindia.com/articles/index.html)
:
 Home (https://www.legalserviceindia.com) | Lawyers
(https://www.legalserviceindia.com/lawyers/lawyers_home.htm) | Events
(https://legalservicesindia.com/lawyers/event-organizers/) | Editorial Team
(https://www.legalserviceindia.com/editorial-board.htm) | Privacy Policy (privacy_policy.html) |
Terms of Use (tos.html) | Law Books
(https://legalservicesindia.com/lawyers/amazon_auto_links/law-books/) | RSS Feeds (rss.php) |
Contact Us (contact_us.html)
Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) ©
2000-2024
ISBN No: 978-81-928510-0-6
: