Section 144

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 It can be withdrawn at any point in time if the situation becomes normal.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.