What is Section 144 of CrPC? दफ़ा 144 किया है? دفا 144 کیا ہے

 Section 144 of the Code of Criminal Procedure was enacted in the year 1973, and it generally prohibits public gathering.

This law empowers the Executive Magistrate of any state or union territory of India to pass an Order prohibiting the assembly of four or more people in an area, and in case of non-compliance of this Order, every member of such “Unlawful Assembly” may be booked for the offence of rioting.  




This Section 144 is imposed in immediate cases of potential danger of a nuisance or an incident which has the potential to cause nuisance or damage to human life or property; however this order can also be passed against a particular person or the general public.

Section 144 also restricts carrying any type of weapon in the area where it is imposed, and people can be jailed for breaking Section 144. The maximum punishment for violation of this Section is three years jail.

 

What are the Features of Section 144 CrPC? 

The fundamental goal of the Section 144 is to maintain law and order in places where unrest could flare up and disturb daily life.

It prohibits handling or transporting any type of weapon in the area where it is imposed.

The order under Section 144 bans holding of all types of public meetings or rallies and protest during the period it is in force.

An order under Section 144 can be issued in emergency circumstances only , and any order issued in non-emergency circumstances is invalid.

It also gives the authorities the power to block Internet access in the area where this Section is imposed.

The main objective of Section 144 is to maintain peace and order in an area where regular life can be disrupted by creating trouble.

There will be no public movement and all the educational institutions shall remain closed during the period it is in force.

This Section helps in imposing Emergency.

Under this Section, it is a punishable offense to prevent law enforcement agencies from dispersing an illegal gathering.

The offence under Section 144 CrPC is criminal in nature, and is cognizable & Bailable.

  

What is the duration of Section 144 Order?

👉No Order under this Section shall remain in force for more than two months from the date of its passing.

👉If the State Government considers that it is necessary to enforce this order to prevent danger to human life, health or safety or to prevent a riot or any affray, then the government may by notification can direct that the order passed by the Magistrate under this Section will remain enforce for another two months, with a maximum validity of six months, however it can be withdrawn at any time when the situation becomes normal.

 

 What is the difference between Section 144 and Curfew?


👉Section 144 prohibits the gathering of four or more people in the concerned area, while during the Curfew; people are instructed to stay indoors for a particular of time.


👉Section 144 occurs when gathering is prohibited under the Indian Penal Code, whereas the Curfew occurs when Section 144 is imposed along with closure of essential services. However, during Curfew essential services are allowed to operate with prior notice. 

👉Section 144 allows for filing cases against anyone found violating the law, whereas during Curfew a case can be registered under Section 188 IPC. 

👉In case of emergency, order to impose the Section 144 has been given to the Executive Magistrate, whereas if the Curfew is implemented, the power of the District Administration goes into the hands of the Collector and Police Commissioner. 

👉Whenever, violence erupts in any area, then Section 144 is imposed to control the situation, and if necessary then Curfew can also be imposed in that area.

        In simple words, we can say that the Curfew is the next level of Section 144 CrPC.

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