9810896037

1
Section 144
2

• History- Section 144 of the Criminal Procedure
  Code (CrPC) of 1973 empowers an executive
  magistrate to issue orders in urgent cases of
  nuisance or apprehended danger. Though the scope
  of Section 144 is wider, it is often used to
  prohibit the assembly of one or more persons when
  unrest is anticipated. Section 129 of the CrPC
  grants Executive Magistrates and Police officers
  in charge of a police station and above the power
  to order the dispersal of, disperse and cause to
  be dispersed any unlawful assembly. Section 130
  authorizes an Executive Magistrate to obtain the
  aid of the Armed Forces to disperse any such
  assembly, and Section 131 grants any Gazetted
  Officer of the Armed Forces the power to use his
  troops to disperse a manifestly dangerous
  assembly even without command from a Magistrate
  (he must, however, contact an Executive
  Magistrate as soon as possible and then follow
  his instructions while taking any further
  actions).

3

• Imposition Section 144 of CrPC authorizes 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. This means the
  fundamental right of peaceful assembly provided
  under Article 19 of the Constitution is curtailed
  by the administration if the executive magistrate
  finds the situation at any specified place
  presenting a potential to the disturbance in law
  and order.
• 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 the Executive Magistrate when there
  is an emergency situation

4
No order- under Section 144 shall remain in force
for more than two months but the state government
can extent the validity for two months and a
maximum of up to six months. It can be withdrawn
at any point in time if the situation becomes
normal.
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. It 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.
5

• (Does Section 144 s similar to curfew) No, the
  Section is prohibitory in nature restricting
  people from public gatherings. However, it
  doesn't bar gathering altogether. A curfew, on
  the other hand, forces people to stay indoors for
  a specific period of time. In such a case when
  authorities impose a curfew for a certain period
  of time, the element of time remains crucial.
  However, the timing of the curfew can also be
  extended. According to former Madras High Court
  judge K Chandru, curfew is imposed by the
  administration using inherent executive powers
  vested in the state government. Remember that you
  need prior approval from the local police in case
  you want to move out during curfew.

6
(What is not allowed under Section 144) It does
not allow the gathering of over five people, so
avoid meeting in groups. In the time of pandemic,
offices, godowns and factories and other
commercial establishments had remained closed.
Also, private vehicles were prohibited since
borders across the state were sealed besides that
public transport including state transport buses,
metro also remained shut. However, ATMs,
Telecom, internet, cable services remained open
while electricity, water, and municipal services
were also kept open. Markets, schools, colleges,
and offices remain closed under the curfew and
only essential services are allowed to run on
prior notice.