what is 144 section

what is 144 section

1 month ago 9
Nature

Section 144 refers to a provision in the Code of Criminal Procedure (CrPC) of India that empowers an Executive Magistrate to issue orders in urgent cases of nuisance or apprehended danger. Specifically, it authorizes prohibiting the gathering of four or more individuals in a particular area to prevent potential threats to public safety, peace, or property

Key points about Section 144 CrPC:

  • Purpose: To prevent imminent danger or nuisance that could lead to public disorder, riots, or harm to human life or property
  • Scope: Prohibits assemblies of four or more people, public meetings, rallies, processions, and may restrict movement in certain areas
  • Duration: Typically valid for up to two months, extendable by the State Government for an additional six months
  • Legal backing: The Supreme Court of India has upheld its constitutionality, considering it a reasonable restriction on fundamental rights under Article 19(2) of the Constitution
  • Restrictions: Can include bans on public gatherings, closure of educational institutions, restrictions on carrying weapons, and even internet connectivity limitations during enforcement
  • Penalties: Violating Section 144 orders can lead to fines or imprisonment as per Indian law

Section 144 is often imposed during times of communal tension, political unrest, public health emergencies (like pandemics), or natural disasters to maintain law and order

. It acts as a preventive legal tool to curb activities that might escalate into violence or disruption.

Distinction from other laws:

  • It is different from a curfew or lockdown but can be part of the measures used to restrict public movement and gatherings
  • Section 144 is a temporary and preventive order, not a permanent law.

In summary, Section 144 CrPC is a legal provision used by authorities in India to prohibit gatherings and prevent potential threats to public peace and safety in urgent situations

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