Gujarat Police can now file criminal charges against citizens who protest in violation of Section 144

According to the Code of Criminal Procedure (CrPC), Gujarat Police can now file criminal charges against citizens who stage protests in violation of Section 144 (power to issue prohibitory orders).

Earlier this week, President Droupadi Murmu assented to the Code of Criminal Procedure (Gujarat Amendment) Bill, 2021, which makes such acts a punishable offense under Section 188 of the Indian Penal Code (IPC).

According to Section 144, a magistrate may instruct any person to refrain from a certain act if he believes that such a direction is likely to prevent obstruction, irritation, or injury to any lawfully employed person, or harm to human life, health, or safety, or a disturbance of public tranquillity.

As a result of this bill, passed by the State Assembly in March 2021, the State has amended Section 195 of the CrPC, making it mandatory for a public servant to initiate action for violations of Section 144 orders. 

According to the Gujarat government, this hindered police officers from taking cognizance of such violations.

The police can now file criminal charges against protestors without a public servant's complaint.

This amendment is justified by the following statements in the Bill:
In order to facilitate the registration of criminal cases based on information received from police officers regarding the commission of cognizable offenses under section 174-A and section 188 of the Indian Penal Code, 1860, it is necessary to amend section 195 of the Criminal Procedure Code, 1973.