LAW OF CRIMES

CONTINUOUS EVALUATION PROJECT

TOPIC: SECTION 144 CrPC

SUBMITTED BY: NAVJOT SINGH-19B110, YUKTA SINGH-19B184

SUBJECT: LAW OF CRIMES

SEMESTER: FOURTH

SUBMITTED TO: DR. ANJANI SINGH TOMAR

Associate Professor( Law)

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INDEX

1. Introduction of section 144 CrPC…………………………………………………….3

2. Necessity and rationality of section 144 CrPC……………………………………….3

3. Provisions of Section 144 CrPC……………………………………………………...4

4. Duration of Section 144 order……………………………………………………….5

5. Why is that the use of power underneath Section 144 criticised therefore often?.......5

6. How have courts ruled on Section 144?.......................................................................5

7. Why is section a 144 CrPC in news?...........................................................................6

8. Difference between Section 144 CrPC and curfew.....................................................6

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Introduction of section 144 CrPC

Section 144 of the Criminal Procedure Code (CrPC) was enacted within the year 1973. This law
empowers the jurist of associate state or union territory in India to pass an order prohibiting the
gathering of 4 or a lot of individuals in an exceedingly given space. the varied provisions of Section
144 CrPC makes it attainable to book all the members of such gathering termed as ‘unlawful
assembly’ underneath the costs of getting engaged in riot.
Section 144 CrPC, a law preserved from the colonial era, empowers a part jurist, a sub-divisional
jurist or the other government jurist specially sceptre by the authorities during this behalf to issue
orders to forestall and address imperative cases of appreciated danger or nuisance.
The jurist must pass a written order which can be directed against a specific individual, or to persons
residing in an exceedingly specific place or space, or to the general public usually once frequenting or
visiting a specific place or space. In emergency cases, the jurist will pass these orders while not
previous notice to the individual against whom the order is directed. 1 An order underneath this section
might, in cases of emergency or in cases wherever the circumstances don't admit of the serving in due
time of a notice upon the person against whom the order is passes, be ex parte. An order underneath
this section is also directed to a specific individual, or to persons residing in an exceedingly specific
place or space, or to the general public usually once frequenting or visiting a specific place or space.
No order underneath this section shall stay effective for quite 2 months from the creating thereof:

Mentioned that, if the authorities considers it important therefore to experiment and do for preventing
danger to human life, health or safety or for preventing a riot or any fight, it may, by notification,
direct that associate order created by a jurist underneath this section shall stay effective for such
additional amount not Olympian six months from the date on that the order created by the jurist
would have, except for such order, expired, because it might specify within the aforementioned
notification.2 Any jurist might, either on his own motion or on the appliance of any individual
aggrieved, lift or alter any order created underneath this section, by himself or any jurist subordinate
to him or by his predecessor-in-office.

Necessity and rationality of section 144 CrPC

Section 144 is obligatory in an exceedingly given region in emergency things or cases of nuisance or
perceived danger of some event that has the potential to make a troubled scenario or injury to human
lives or property. normally we are able to say Section 144 prohibits public gathering.
In the past, Section 144 came to use once there was a desire to implement sure restrictions so as to
forestall the eruption of some protests or riots which will subside to unrest. the manager jurist of the
given jurisdiction has been given the facility to issue orders underneath Section 144 once there's an
imminent emergency scenario.

Rationale for the appliance of Section 144

Orders underneath this section are excusable only if it's doubtless to forestall any of the subsequent
events from happening

1. Annoyance: Annoyance is also either physical or mental. within the case of physical annoyance an
exact degree of proximity between the thing irritated and therefore the annoyance is critical, however
within the case of mental annoyance absolute confidence of proximity arises. This section covers
each types of annoyance. Section 144 of Criminal Procedure Code, may be used even against
newspapers in correct cases of incitements to breaches of the peace or to commit nuisances,
1
Northlines, Section 144 CrPC in Sgr: 73 FIRs registered against norm violators, say Police, the northlines
(may 1, 2021, 7:11 pm), https://www.thenorthlines.com/section-144-crpc-in-sgr-73-firs-registered-against-
norm-violators-say-police/
2
Sonam Chandwani, Section 144: The need of the hour amid COVID-19 crisis, YOURSTORY (May 1, 2021,
7:09 pm), https://yourstory.com/2020/03/section-144-crpc-needed-covid-19/amp
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dangerous to life or health or to harass officers lawfully utilized. Even wherever associate order
underneath this section deals with a 'nuisance' there should be a danger to life or health concerned, or
of associate affray or riot or breach of the peace. Mere calumniatory statements, and even extremely
objectionable abusive articles against outstanding officers, cannot be proscribed underneath this
section unless they're doubtless to guide to a violation of the harmony or to a nuisance risking life or
well-being. The section shouldn't be abused by mistreatment it for addressing abusive articles and
defamation not going to guide to a breach of peace.

2. Injury to Human life: A jurist has no jurisdiction to create associate order underneath this section
simply for the protection of property. He has to be happy that the direction is probably going to
forestall injury or risk of injury to human life or safety. Most of the acts contemplated by this section
ar of the character that if not prevented they'll be converted into associate offence. however there's a
minimum of one item concerning that this restricted read isn't attainable. The word 'injury' as outlined
underneath section forty four of the IPC states 'any hurt no matter illicitly caused to any individual, in
body, mind, name or property', and therefore the word 'illegal' outlined underneath section forty three
of the same Code is applicable to 'everything that is prohibited by law, or that furnishes a ground for a
civil action' eight.3 Whenever, associate injury is caused to someone the recourse to the present
section may be taken in those things. So, albeit the act or the live complained of be not like would
quantity to associate offence once allowed to be completed would furnish grounds for an action at law
solely.

3. Disturbance of public tranquillity: The act prohibited underneath this section should he therefore
prohibited if it's doubtless to forestall obstructions, etc., or disturbance of the general public
tranquillity, etc. it's not enough to mention that by stretching many prospects one once the opposite,
it's attainable to determine an association of cause and result between the act prohibited and
disturbance of public tranquillity. The association should be affordable or proximate and not simply
speculative or distant. wherever there aren't any circumstances peculiar to the section and therefore
the matter is or of general impression, the absence of any close to or affordable association between
the prohibited act and therefore the supposed danger to public tranquillity are going to be a ground
upon that the judicature is sure to act.

4. Order cannot be created provide to offer to present to administer to allow to convey to grant to
relinquish advantage to one party: The section will give wide powers to the jurist, and at hand danger
to the general public peace might justify interference with even non-public interests. however the
section isn't to be invoked by one party to a dispute to secure a cloth advantage over the opposite.

Provisions of Section 144 CrPC

Section 144 CrPC conjointly places restrictions on handling or transporting any reasonably weapon
within the given jurisdiction wherever Section 144 has been obligatory. just in case of any violation
during this regard, individuals doing it in any type may be detained. Such acts will invite a
penalisation of 3 years. As per the order issued underneath this section, there cannot be any
movement of the general public. All instructional establishments within the given space can have to
be compelled to stay closed. Holding any public meeting or conducting rallies within the space ar
illegal throughout the amount once Section 144 is effective. In the areas wherever Section 144 is
effective, it's deemed a punishable offence to hinder enforcement agencies from disbanding associate
unlawful assembly. just in case of any arising would like, Section 144 conjointly empowers the
authorities to prevent net access within the region.
The ultimate purpose of Section 144 is to take care of peace and order within the areas wherever
hassle might erupt to disrupt the regular life. Section 144 CrPC prohibits the conducting of some
events that ar otherwise allowed throughout regular times. The jurist will direct any individual to
abstain from a sure a particular an exact, precise and definite and explicit act or to require an exact
3
Legiquest, https://www.legitquest.com/legal-guide/section-144, (last visited may 1, 2021)
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order with relevancy certain property in his possession or underneath his management. This
sometimes includes restrictions on movement, carrying arms and from grouping unlawfully. it's
usually believed that assembly of 3 or a lot of individuals is prohibited underneath section 144 CrPC.
Section 144 could be a great tool to assist take care of emergencies. However, absence of any slim
craft of wide government powers with specific objectives, including terribly restricted judicial
oversight over the manager branch, makes it ripe for abuse and misuse.
Before continuing underneath this section, the jurist ought to hold a research and record the urgency
of the matter. There is a desire to balance the granting of comprehensive powers by the legislative
assembly to take care of aborning things, and therefore the got to shield the non-public liberty and
alternative freedoms granted to the voters underneath the elemental rights of the Constitution.

Duration of Section 144 order

As per the foundations given for the implementation of Section 144 four in an exceedingly given
jurisdiction, no order will stay effective for an amount of quite two months. underneath the state
government’s discretion, it will choose to prefer to like better to value a lot of highly to favour to opt
to extend the validity for 2 more months with the utmost validity extendible to 6 months. Once
matters becomes traditional, Section 144 levied may be withdrawn.

Why is that the use of power underneath Section 144 criticised therefore
often?

The criticism is that it's too broad and therefore the words of the section ar wide enough to offer
absolute power to a jurist which will be exercised inexcusably. The immediate remedy against such
associate order could be a revision application to the jurist himself. associate aggrieved individual
will approach the judicature by filing a judicial writ petition if his basic rights ar at stake. However,
fears exist that before the judicature intervenes, the rights might have already got been infringed.
Imposition of Section 144 to a complete state, as in UP, 4 has conjointly drawn criticism since the
safety scenario differs from space to space. The criticism is that it's too broad and therefore the words
of the section ar wide enough to offer absolute power to a jurist which will be exercised inexcusably.
The immediate remedy against such associate order could be a revision application to the jurist
himself. An aggrieved individual will approach the judicature by filing a judicial writ petition if his
basic rights ar at stake. However, fears exist that before the judicature intervenes, the rights might
have already got been infringed.

How have courts ruled on Section 144?

In Ardeshir Phirozshaw vs. Unknown (1939), a British choose of the city judicature censured the
Chief Presidency official in city for passing associate dirty order beneath Section a hundred and forty
four: “A official acting beneath Section 144 might little question limit liberty. however he ought to
solely do thus if the facts clearly create such restriction necessary within the public interest, and he
shouldn't impose any restriction which fits on the far side the necessities of the case.” The choose
criticised application of power beneath Section a hundred and forty four for 2 months, “not solely to
the actual riot, however to any past riots and any future riots which can surface inside consequent 2
months ar sturdy measures and; need cogent facts to justify them”.
The first major challenge to the law was created in 1961 in Babulal Parate vs State of geographical
region et al. A five-judge Bench of the Supreme Court refused to strike down the law, voice
communication it's “not correct to mention that the remedy of someone aggrieved by associate order
beneath the section was illusory”.

4
Vaibhav Chaudhary, Section 144 CrPC order on social media a case of executive overreach, TDG (may 2,
2021, 6:23 pm), https://thedailyguardian.com/section-144-crpc-order-on-social-media-a-case-of-executive-
overreach/
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It was challenged once more by Dr Ram Manohar Lohiya in 1967 and was yet again rejected, with
the court voice communication “no democracy will exist if ‘public order’ is freely allowed to be
disturbed by a district of the citizens”. In another challenge in 1970 (Madhu Limaye vs Sub-
Divisional Magistrate), a seven-judge Bench headed by then magistrate of Republic of India M
Hidayatullah aforesaid the ability of an official beneath Section a hundred and forty four “is not a
standard power flowing from administration however an influence employed in a judicial manner and
which may stand more judicial scrutiny”. The court, however, upheld the constitutionality of the law.
It dominated that the restrictions obligatory through Section a hundred and forty four can't be control
to be offensive of the correct to freedom of speech and expression, that could be a basic right as a
result of it falls beneath the “reasonable restrictions” beneath Article 19(2) of the Constitution. the
very fact that the “law is also abused” is not any reason to strike it down, the court aforesaid.
“Occasions might arise once it's unattainable to tell apart between those whose conduct should be
controlled and people whose conduct is evident. A general order is also necessary once the quantity
of persons is thus massive that the excellence between them and also the general public can't be
created,”5 the court aforesaid, justifying blanket preventive orders passed beneath Section a hundred
and forty four.

In 2012, the Supreme Court decreased heavily on the govt for imposing Section 144 against a
sleeping crowd in Ramlila Maidan. “Such a provision may be used solely in grave circumstances for
maintenance of public peace. The effectivity of the availability is to stop some harmful incidence
instantly. Therefore, the emergency should be unexpected and also the consequences sufficiently
grave,” the court aforesaid.

Why is section a 144 CrPC in news?

On September 17, 2020, restrictions beneath Section 144 were obligatory in urban center by order of
the Commissioner of Police, larger urban center. These restrictions were obligatory see able of
associate unrelenting surge in coronavirus cases within the town. urban center has been one in all the
foremost affected Indian cities within the Covid-19 pandemic, that has had the complete world in its
grips since early 2020.

On March twenty three, the metropolis government obligatory Section a hundred and forty four in
Delhi to prevent the unfold of coronavirus, that had claimed over fourteen,500 lives worldwide and
had infected over three,40,000 people. because the virus unfold its wings in Republic of India, many
states for urban center government and obligatory Section a hundred and forty four to restrain native
transmission of covid-19.

On day, Section 144 CrPC was mandatory in North state district succeeding acumen efforts
concerning possible terror threat on the western coast. North state District official, in a very
notification aforesaid it might be obligatory for sixty days, from Gregorian calendar month eleven to
Gregorian calendar month ten.

On Gregorian calendar month eight, web snapped across Jammu and Kashmir and Section a hundred
and forty four was obligatory see able of the death day of remembrance of Maqbool Bhat and Afzal
Guru.

Difference between Section 144 CrPC and curfew

Section 144 prohibits gathering of 4 or additional individuals within the involved space, whereas
throughout the curfew individuals ar tutored to remain inside for a specific amount of your time. The

5
Akshita Tiwary, Section 144 and the Pandemic: A Look at Freedom of Speech, jurist (may 2, 2021, 3:45 pm),
https://www.jurist.org/commentary/2020/10/akshita-tiwary-pandemic-freedom-of-speech/
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government puts an entire restriction on traffic yet. 6 Markets, schools, faculties and offices stay
closed beneath the curfew and solely essential services are allowed to run on previous notice.

6
Mahendra Kumawat, Know All about Section 144 of Criminal Procedure Code, taxguru (may 3, 2021, 7:56
pm), https://taxguru.in/corporate-law/section-144-criminal-procedure-code.html