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Section 144

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    11th Dec, 2020

What is Section 144?

  • 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.
  • Section 144 of CrPC generally prohibits public gathering.
  • Every member of such 'unlawful assembly' can be booked for engaging in rioting. 
  • Section 144 also restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it.

Is it punishable?

  • Yes, the maximum punishment for such an act is three years. 

 Why it is imposed?

  • 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 or property.
  • Section 144 has been used in the past to impose restrictions as a means to prevent protests that can lead to unrest or riots.
  • The orders to impose Section 144 have been conferred to Executive Magistrate when there is an emergency situation.

What is its extent?

  • The act can restrict the movement of public and all educational institutions
  • A complete bar on holding any kind of public meetings or rallies
  • It empowers the authorities to block the internet access

 What is the duration of Section 144?

  • No order under Section 144 shall remain in force for more than two months but the state government can extend it for two months and maximum up to six months.
  • It can be withdrawn at any point of time if situation becomes normal.

What is thedifference between Section 144 and curfew?

  • Section 144 prohibits gathering of four or more people in the concerned area, while during the curfew people are instructed to stay indoors for a particular period of time.
  • The government puts a complete restriction on traffic as well in the case of curfew.
  • Markets, schools, colleges and offices remain closed under the curfew and only essential services are allowed to run on prior notice.

Verifying, please be patient.