Section 144 CrPC - Power to issue order in urgent cases of nuisance or apprehended danger.

Section 144 CrPC is typically used to maintain public order during emergencies by restricting gatherings and movements. For example, Aligarh used it in 2018 to ban loudspeakers during Navratri, while Jaipur invoked it in 2020 to prohibit firecrackers during Diwali to combat air pollution. These instances highlight the clause's versatility. However, its application has sparked debate: some view it as essential for public safety, while others see it as a potential infringement on civil liberties. This article will explore the definition of Section 144 CrPC, key cases, and more.

What Is Section 144 CrPC?

Under Section 144 of the Criminal Procedure Code (CrPC) of 1973, the Executive Magistrate can prohibit the assembly of four or more people in one place, making such gatherings illegal. Anyone involved in an "illegal assembly" may face charges of rioting under the Indian Penal Code.

Section 144 is enforced to prevent potential threats, disturbances, or dangers to life or property. Public meetings, gatherings, and educational institutions are banned or closed during this period. Additionally, the government can restrict internet access to maintain peace and order.

This section is crucial in maintaining public safety and preventing unrest.

Key Points About Section 144 CrPC

• Authority to Issue Orders: A District Magistrate, Sub-divisional Magistrate, or any specially authorized Executive Magistrate can issue a written order under Section 144 if they believe immediate action is necessary to prevent harm or disturbance. The order must clearly state the facts of the situation and can require specific actions to prevent obstruction, annoyance, injury, danger to life or health, or disruption of public peace.
• Emergency Implementation: In urgent situations where there isn't time to notify those affected, the Magistrate can issue the order without prior notice.
• Who Is Affected?: The order can target specific individuals, groups within a certain area, or the general public in a designated location.
• Duration of the Order: An order issued under Section 144 remains in effect for up to two months. However, the State Government can extend it for an additional six months if deemed necessary to prevent further harm or unrest.
• Modifying or Canceling the Order: The issuing Magistrate or another Magistrate can modify or cancel the order if needed. This can happen either on their own initiative or upon request by someone affected by the order.
• State Government's Role: The State Government has the power to alter or rescind an order, either on its own or if requested by an affected party.
• Right to Appeal: If someone is affected by an order, they have the right to appeal to the Magistrate or State Government to request a change. If the appeal is denied, the reasons for the decision must be provided in writing.

Punishment For Breaching Section 144 Of The Code Of Criminal Procedure

Section 144 prohibits carrying weapons in locations where it is enforced, and violations of this law can result in imprisonment. Three years in jail is the most severe punishment. Under Section 188 of the Indian Penal Code (IPC), disobedience to instructions from public officers is punishable by law.

Section 188(1) is used for minor violations, such as a gathering of more than four individuals, and results in a brief period of incarceration followed by release on bail. The criminal faces a maximum of one month in prison if proven guilty. Section 188(2) applies if the meeting poses a risk to public safety. The police may hold the suspect for 24 hours before posting a bond and imposing a maximum sentence of six months in jail.

Fines ranging from Rs 1,200 to Rs 2,500 are also imposed for infractions. In some situations, the police have the authority to impound the driver's license in addition to briefly seizing the violator's car.

Characteristics of Section 144 CrPC

This section possesses the following characteristics:

• It restricts the use or transportation of all weapons inside the designated area. Three years is the maximum sentence for such an act.
• The injunction under this provision states that all educational institutions must stay closed and that the public cannot move.
• Furthermore, throughout the time that this order is in effect, no public gatherings or demonstrations of any type may be held.
• Obstructing law enforcement agents from disbanding an unlawful assembly is considered a criminal offence.
• Additionally, it gives the government the authority to censor internet usage in the area.
• Maintaining peace and order in locations where unrest might break out and disturb daily life is the ultimate goal of Section 144.

Conditions for Applying Section 144 CrPC

Section 144 CrPC can be applied under specific conditions to prevent certain outcomes:

Annoyance

This includes both mental and physical irritation. While physical annoyance requires proximity to the source, mental annoyance does not. However, the annoyance must be reasonable and capable of disturbing public peace. Minor issues or offensive remarks alone are insufficient; there must be a potential risk to life, health, or public order.

Harm to Human Beings

Orders under this section are not intended solely for property protection but for safeguarding lives. A magistrate can intervene if there is a threat to human safety, and the issue can be civil or criminal depending on the severity.

Public Conflict

Section 144 aims to prevent actions that could disrupt public order or endanger safety. The threat must be concrete and directly related to public disruption, not just theoretical. For broad issues without specific local relevance, higher court intervention may be required to assess the connection between the act and potential harm.

Guidelines for Drafting Orders Under Section 144 CrPC

• Written: Orders must be in writing to be valid. Verbal directives are not enforceable under Section 188 IPC. The order must clearly state what actions are prohibited and must be formally published before any prosecution for disobedience.
• Specific: The order must be explicit and detailed. It should clearly outline the prohibited actions and identify the affected individuals. Conditional or vague orders are not acceptable.
• Representation of Important Information: Include only the material facts relevant to the case, not reasons or justifications. The order must show a direct link between the threat and the restriction imposed. Omitting key information can render the order ineffective.
• Explanation of Restricted Goods: Clearly specify what is prohibited and who is affected. The order should avoid any ambiguity about the banned actions. For the general public, the order should be clear about its scope and location, with the duration matching the urgency of the situation.

Criticism Against Section 144 CrPC

• Section 144 CrPC is criticized for its broad and vague language, which some argue gives magistrates excessive power.
• Critics claim the section is too expansive and grants unwarranted authority to magistrates. Revision applications with the original authority are the primary means to contest such orders.
• It is also argued that enforcing prohibitory orders over large areas is unreasonable, as different locations have varying security needs.
• Individuals can apply for a writ from the High Court if they believe their rights are violated, though this process can be slow. Many feel their rights are infringed upon before the High Court intervenes.
• Applying directly to the magistrate for a revision is often seen as a faster way to challenge the order.