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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