what is 144 section in india

what is 144 section in india

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Nature

Section 144 of the Criminal Procedure Code (CrPC) of India authorizes an Executive Magistrate to issue an order prohibiting the assembly of four or more people in a specific area. This law is used to prevent unlawful assemblies and maintain public order in situations where there is an imminent threat to safety or a likelihood of breach of peace, such as during riots, protests, natural disasters, or public health emergencies like pandemics

. Key points about Section 144 include:

  • It restricts public gatherings and assemblies, often limiting groups to fewer than four people.
  • It can ban processions, rallies, and public meetings, and restrict movement in certain areas.
  • Violation of Section 144 is a punishable offense and can lead to fines or imprisonment.
  • The order is typically temporary, lasting up to two months but can be extended by the state government for up to six months.
  • It is a preventive measure to avert potential harm to life or property and to maintain peace.
  • Authorities may also restrict internet connectivity under Section 144 to prevent the spread of misinformation during sensitive times.
  • The Supreme Court of India has upheld the constitutionality of Section 144, considering it a reasonable restriction on the right to assemble under Article 19(2) of the Constitution

In summary, Section 144 is a legal tool used by Indian authorities to curb gatherings and prevent disturbances to public order during emergencies or situations posing a risk to safety

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