Malcolm Rivera
Section 144 of the Criminal Procedure Code (CrPC) of 1973 gives the Executive Magistrate of any state or territory the authority to issue an order prohibiting the assembly of four or more people in an area. This law, which is often used to impose restrictions on public gatherings, has been invoked in several Indian states, including Maharashtra, Delhi, and Rajasthan, to curb the spread of the coronavirus and maintain law and order during protests and on New Year's Eve. However, this article discusses Article 144 of the Indian Constitution, which outlines the obligations of civil and judicial authorities to support and act in aid of the Supreme Court, and it is important not to confuse the two.
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What You'll Learn
Section 144 prohibits public gatherings
Section 144 of the Criminal Procedure Code (CrPC) of 1973 prohibits public gatherings. It authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such an 'unlawful assembly' can be booked for engaging in rioting.
Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life, health, or property, or a disturbance of public tranquility. It is typically imposed in the case of civil unrest, protests, or riots, and has been used in the past to curb the spread of the coronavirus. For example, the Delhi Police imposed Section 144 in the New Delhi district ahead of planned protests against inflation and unemployment. The Maharashtra government also imposed Section 144 in the entire state to curb the spread of the coronavirus, and the Rajasthan government imposed it in eleven districts for the same reason.
The Code of Criminal Procedure, 1973, outlines the process for implementing Section 144. A District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate empowered by the State Government can issue a written order stating the material facts of the case and served in the manner provided by Section 134. This order must be issued when there is a sufficient ground for proceeding under this section and immediate prevention or remedy is required. The order can direct any person to abstain from a certain act or to take certain actions with respect to property in their possession if the Magistrate considers it likely to prevent obstruction, annoyance, injury, danger to human life, health, or safety, a disturbance of public tranquility, a riot, or an affray.
No order under Section 144 can remain in force for more than two months from the date of issuance. However, if the State Government deems it necessary to prevent danger to human life, health, or safety, or to prevent a riot or affray, they may direct that the order remains in force for an additional period not exceeding six months. The Magistrate or State Government must also provide an opportunity for the applicant to appear and show cause against the order, and if the application is rejected, the reasons for the rejection must be recorded in writing.
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It falls under the Code of Criminal Procedure
Section 144 of the Criminal Procedure Code (CrPC) of 1973 is a law that authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. This law is typically imposed in urgent cases of nuisance or apprehended danger, where there is a potential threat to human life, health, safety, or property. For example, in 2020, the Delhi police imposed Section 144 of the CrPC in the New Delhi district to prevent protests around India Gate.
Under Section 144, every member of an "unlawful assembly" can be booked for engaging in rioting. The law also allows the State Government to delegate its powers to the District Magistrate. This delegation of powers is subject to the State Government's control and directions, and the District Magistrate must follow any instructions given by the State Government.
The Code of Criminal Procedure outlines the process for implementing Section 144. Firstly, there must be sufficient grounds for proceeding, and the need for immediate prevention or speedy remedy. Secondly, the District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate must issue a written order stating the material facts of the case and served in the manner provided by Section 134. This order can direct a person to abstain from certain acts or take specific actions regarding their property to prevent obstruction, annoyance, injury, or danger to human life, health, safety, or public tranquillity.
It's important to note that any order under Section 144 cannot remain in force for more than two months from the date of issuance. However, if the State Government deems it necessary to prevent danger to human life, health, safety, or to prevent a riot, they can extend the order for up to six months by providing a notification. Both the Magistrate and the State Government have the power to rescind or alter any order made under this section.
Overall, Section 144 of the Indian Constitution's Code of Criminal Procedure provides a legal framework for authorities to maintain public order and address urgent situations that pose a potential threat to society.
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The Executive Magistrate can issue an order
Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such an 'unlawful assembly' can be booked for engaging in rioting.
An order under this section may, in cases of emergency, or in cases where the circumstances do not admit of the serving of a notice in due time, be made without giving any person an opportunity of being heard. However, in such cases, the Magistrate must give the person on whom the order is served an opportunity of being heard at the earliest possible time, and an order made without hearing the person must be revoked if that person, upon being heard, satisfies the Magistrate that the order should not continue.
No order under this section shall remain in force for more than two months from the making thereof. However, if the State Government considers it necessary to prevent danger to human life, health or safety, or to prevent a riot or any affray, it may direct that the order remain in force for a further period not exceeding six months.
Any Magistrate may, either on their own motion or on the application of any person aggrieved, rescind or alter any order made under this section by themselves or any Magistrate subordinate to them or by their predecessor-in-office. The State Government may also rescind or alter any order made by it under the proviso to sub-section (4).
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It can be imposed in urgent cases of nuisance
Section 144 of the Indian Criminal Procedure Code (CrPC) of 1973 empowers an Executive Magistrate to issue an order in urgent cases of nuisance or apprehended danger. It is a provision that allows the magistrate to deal with emergent situations and impose restrictions on the personal liberties of individuals in a specific locality or town. This is done when there is a potential threat of unrest or danger to peace and tranquility in an area due to certain disputes. The law prohibits the assembly of four or more people, and every member of such an 'unlawful assembly' can be charged with rioting.
Section 144 has been used in India to curb public gatherings and protests, often in the interest of maintaining public order and safety. For example, it was imposed in the entire state of Maharashtra to curb the spread of the coronavirus, leading to a deserted look in the streets of Mumbai. Similarly, the Delhi Police imposed Section 144 in the New Delhi district ahead of planned protests against inflation and unemployment, banning all gatherings around India Gate.
The Rajasthan government also invoked Section 144 in eleven districts due to rising Covid-19 cases, and the Ambala district administration prohibited the flying of private drones within a three-km radius of the air base. In another instance, the Hathras district administration imposed Section 144 and banned the entry of 'outsiders', including media persons, following the gang rape and brutal murder of a 20-year-old woman.
While Section 144 provides a tool for maintaining law and order, it has also faced criticism for potentially curbing civil liberties and the right to peaceful assembly. The imposition of this section in certain situations has sparked debates around the balance between public order and individual freedoms. Nonetheless, it remains a powerful tool for authorities to address urgent cases of nuisance or apprehended danger.
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The Director-General of Police must comply
Article 144 of the Indian Constitution is part of Chapter IV of the Union Judiciary. It states that all civil and judicial authorities in Indian territory must act in aid of the Supreme Court. This means that the Supreme Court has the power to initiate this law under Article 144 and Section 482 of the Criminal Procedure Code of 1973.
The Supreme Court may set a timetable for the police to act, and it is within the Court's power to initiate this law. The police must recognise the binding effect of any pronouncing judgement by the Supreme Court, regardless of any controversy. This is a constitutional responsibility, founded on democratic principles.
The Director-General of Police must also be aware that the Supreme Court has the authority to explain the law. This is a crucial aspect of the constitutional structure, which includes the governance of the nation's laws. The Supreme Court's role is to provide a final explanation of the law, and this takes precedence over any other authority.
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