What is Section 144 of Cr Pc and when is it invoked?
Usually, Section 144 of CrPc will be imposed to maintain peace and order in all areas. The government will utilize section 144 to stop rioting, looting, beating and violence in all areas. Recently, In order to control the spread of Coronavirus in the world, many countries in the world have imposed a complete lockdown. On 23rd March 2020, India announced Section 144 of Criminal Procedure Code CrPc throughout the nation. According to section 144, people around the nation are prohibited to gather in public places. Also, restricted to travel in groups and attending public functions and meetings. This article is all about the history behind section 144, a list of restrictions applicable under section 144, who can implement section 144 etc are explained here in detail.
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What is Section 144?
Section 144 of the Criminal Procedure Code CrPc was enacted in 1973. The magistrate of the state and union territory in India has the power to pass on the order to cancel the public gatherings. Section 144 also does not allow more than 4 people to gather in a particular area. During this time, the government also imposed a ban on the transportation of weapons and people from one place to another places. The government officials also have the power to curb internet access for the particular region. The main aim of imposing Section 144 is to maintain peace, for law and order maintenance and to control the violence, stopping rioting, looting and beating.
Who imposes Section 144 and What are terms Under Section 144?
According to the Indian jurisdiction of Section 144, they restricted public gatherings. The constitutional provisions approved power for the district or an executive magistrate of the state or union territory to impose the law to bring control of anticipated emergencies. A person who is violating the rule will get a detainment of a maximum of three years.
As per the IPC Section 144, the government will strictly impose a ban on the movement of the public. Meanwhile, education institutions will remain closed in the ban imposed area. The government will not allow any public meetings or conducting rallies. Sometimes, the government will also curb internet access in the particular region to avoid spreading rumours and control violence. Violating Section 144 is considered a criminal offence and they also impose fines and imprisonment for three years.
Reason For Imposing Section 144
The IPC section 144 is imposed only to bring control of the violent situations and to maintain peace among the public to continue their regular life
While conflicts between the public interest and private rights arose. They will override the private rights temporarily to handle the situation.
Historical Behind Section 144
Before Independence, during the British raj rule in India in 1861, section 144 was used initially. After that, the British used the Indian penal code of section 144 as an important tool to stop all the protests during India’s freedom struggle.
After independence, the Indian penal code of section 144 was imposed for the first time in 1973. While Indira Gandhi was the prime minister of India the state emergency was declared and imposed section 144 across the nation. At that time the executive magistrate of the state or union territory has imposed restrictions on gathering more than four people in a place.
Bulandshahr Violence incident, December 2018
Bulandshahr is a city near Gautam Budh Nagar in Ghaziabad district in Uttar Pradesh. In December 2018, Bulandshahr violence was out blocked and that led to the death of a police inspector. To control the violence, the government had imposed Section 144 of the Criminal Procedure Code.
Protests against CAA and NRC, December 2019 in several states
In December 2019, the government of Karnataka imposed IPC section 144 Crpc for the whole of Karnataka for three days. They were imposed mainly to bring control on CAA and NRC protests. At that time, the government banned carrying firearms, public political meetings, functions and public gatherings.
Ayodhya verdict, November 2019
While the supreme of India announced the result of the Ayodhya verdict, the government of India has imposed Section 144 of the Criminal Procedure Code in Bhopal for two months, which is the capital of Madhya Pradesh. Collector of the district, Tarun Pithode announced this to make strong security arrangements.
List Of Restrictions During Section 144
The government can impose a restriction on a specific locality or for the entire town through section 144 IPC.
A ban on transporting arms, lathis, sharp-edged metallic objects or firearms is common under the Section 144 IPC.
The magistrate of state or union territories have the power to give relaxation to certain managements or to impose certain relaxations during section 144.
Section 144 IPC will provide a complete ban for all educational institutions, public meetings and people gathering in public places.
Section 144 IPC also imposed a ban for spreading rumours and strikes on roads.
How The Government impose Section 144?
The government of India will impose IPC section 144 in the writing format. Before imposing the IPC section 144, the executive magistrate will analyse the importance of imposing section 144 in the particular area. Also, they are in need to explain the importance of imposing laws on the public.
Duration of Section 144
The magistrate can impose IPC Section 144 for a period of only two months. Also, the state government can extend the validity of the act for a maximum of 6 months along with the two months. The government have the right to withdraw the IPC section 144 at any time between the duration if the situation gets normal.
Punishment for Person Overruling Section 144
It is important for all people to follow the IPC section 144, which was imposed by the government. While the area is under Section 144, all the legal powers are transferred to the magistrate to maintain law and order and to restore a peaceful life. A person who is violating the law will get a maximum punishment of three years and some time along with a fine.
Difference Between Section 144 and Curfew
While implementing section 144, the government will not allow gathering four or more people in a public place. During the curfew, the government will instruct people to stay inside for a specific period of time. Meanwhile, the government will impose restrictions on traffic as well. Also, the schools, colleges and other institutions, offices will remain closed during this curfew. They will allow only essential services for public needs and also announce the time limitations for it in advance.
The entire article clearly explained what is section 144 of criminal procedure code CrPc, who impose section 144 and the Importance of section 144 in detail. Also, explained some important periods, when India faced section 144.
FAQs on Section 144 of Criminal Procedure Code CrPc
1. What is section 144 CrPc?
According to the Indian penal code of section 144, It prohibits people from gathering, holding public meetings, and carrying firearms. Meanwhile, section 144 can impose for two months. Magistracy of all states and union territories of India has the power to issue section 144 to control urgent cases of nuisance or apprehended danger.
2. Who imposes Section 144?
According to section 144 of criminal procedure code CrPc of 1973, the sub-divisional magistrate, district magistrate and all other executive magistrates have the power to impose section 144 for the general public or individual groups on behalf of the state government.
3. What is the punishment of 144?
As per the Indian penal code’s section 144, the person who is caught with any deadly weapon or the person who is using offensive weapons to cause death or the member of an unlawful assembly will receive imprisonment for a few days and some times, it will extend to two years or fine or with both.
