School of Law

Galgotias Univeristy
CrPC Class Test 2

Student’s Name: Alok Kumar Chauhan

Enrollment No. 18021010050
Semester: IVth
Programme: LLB

Note:The test will start from 4:30 pm on 22nd April, 2020 and will end at 4:30 pm on 23rd April. This is the
maximum duration provided because of the nature of the question which is research based, please try to
submit beforehand to avoid any network delay or issue as this link will be closed preciously at the above-
specified time. Write the answer in the same word file provided to you and submit as it is after naming the
file as "FULLNAME_CRPCCT2".

Submission
Link:https://docs.google.com/forms/d/e/1FAIpQLSfYG5Zg3Wr0VFs0zKvgvuZMU0lOFRyXlbLhyDp_9D
QhyUaXKg/viewform?usp=sf_link

Or
https://forms.gle/oEtyotJX5brSngVL6

Q 1. Analyse the contours (scope and limitation) of order of Sec 144 crpc in the current lockdown due to
corona virus threat and whether it comes within the reasonable restriction upon the Fundamental Right to
Freedom of Movement guaranteed under Art. 19(1)(d) in light of Madhu Limaye vs Sub-Divisional
Magistrate (1970 SC).

Ans.1 Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an
Executive Magistrate to deal with emergent situations. One such provision deals with the Magistrates
powers to impose restrictions on the personal liberties of individuals, whether in a specific locality or in a
town itself, where the situation has the potential to cause unrest or danger to peace and tranquility in such an
area, due to certain disputes. In brief, Section 144 confers powers to issue an order absolute at once in urgent
cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in
their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy
remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of
the case and the order is to be served in the manner provided by section 134 of the Criminal Procedure
Code. The wording of the section envisages a situation wherein the power provided there under may be
exercised on the assessment of the Magistrate himself - a subjective satisfaction. However, the judicial
pronouncement as dealt with in the paper, aptly show that certain stringent conditions have been imposed by
the Courts on this most plenary powers. Therefore, as the case law discussed would indicate, not only would
the Court consider the situations as assessed by the Magistrate but would also take into cognizance factors as
to whether the orders issued under section 144 were vague or directed to a specific person. A lockdown is
when there is a restriction on assembly but essential services are still available Section 144 is when
assembly is proibited under the Crpc A curfew is when section 144 is imposed along with essential services
shut down.
Secion 144 is imposed in India only to prevent peoples from Covid-19. The main reason to impose section
144 along with lockdown is to prevent peoples from grathering. For example: A goes to buy vegetables from
x shop at that time B,C,D,E reached that shop for buying vegetables that crowd is extend from lockdown
because of needs of people at a given time by govt. But imposing of section 144 will keep them in social
distance as well as crowds in various colonies, park, temples are prevented from section 144. Secondly,
Main prevention is from Chaotic elements.
Every article of the Constitution of India become null and void if it break the rule which was imposed by
govt. Under Epidemic Disease act and Disaster Management act 2005.
U/S 10(2)l of Disaster management act 2005 told about lay down guidelines for, or give directions to, the
concerned Ministries or Departments of the Government of India, the State Governments and the State
Authorities regarding measures to be taken by them in response to any threatening disaster situation or
disaster. And in Section 11 of DM act 2005 which says about National plan i.e The National Plan shall be
prepared by the National Executive Committee having regard to the National Policy and in consultation with
the State Governments and expert bodies or organisations in the field of disaster management to be
approved_by_the_National_Authority.

In section 2 of THE EPIDEMIC DISEASES ACT, 1897 i.e Power to take special measures and
prescribe regulations as to dangerous epidemic disease.—(1) When at any time the [State Government]
is satisfied that [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous
epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being
in force are insufficient for the purpose, may take, or require or empower any person to take, such me asures
and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or
class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and
may determine in what manner and by whom any expenses incurred (including compensation if any) shall
be defrayed.
As well as in section 2A i.e Powers of Central Government.—When the Central Government is satisfied
that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic
disease and that the ordinary provisions of the law for the time being in force are insuffici ent to prevent the
outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe
regulations for the inspection of any ship or vessel leaving or arriving at any part in 2 [the territories to
which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving
thereby, as may be necessary.]

Article 19(1)d also have have exceptions that except if it is in the Interests of the general public.

Section 144 of Code of Criminal Procedure, 1973 is intended to serve public purpose and protect public
order. This power vested in the executive is to be invoked after the satisfaction of the authority that there is
need for immediate prevention or that speedy remedy is desirable and directions as contemplated are
necessary to protect the interest of others or to prevent danger to human life, health or safety or disturbance
of public tranquillity or a riot or affray.
These features must co-exist at a given point of time in order to enable the authority concerned to pass
appropriate orders. The expression law and order is a comprehensive expression which may include not
merely public order but also matters such as public peace, public tranquillity and orderliness in a locality or
a local area and perhaps some other matters of public concern too. Public order is something distinct from
order or orderliness in a local area. Public order, if disturbed, must lead to public disorder whereas every
breach of peace may not always lead to public disorder.

However, One side Corona virus and other side where the two persons fighting were of rival communities
and one of them tried to raise communal passions, the problem is still one of law and order but it raises the
apprehension of public disorder. The main distinction is that where it affects the community or public at
large, it will be an issue relatable to public order. Section 144 Cr. P. C empowers passing of such order in
the interest of public order equitable to public safety and tranquillity. The provision of Section 144 CrPC
empowering the authorities to pass orders to tend to or to prevent the disturbances of public tranquillity is
not ultra vires the Constitution of India.