School of law, Indore Campus

TOPIC
RELEVANCE OF SECTION 144 OF CrPC
DURING COVID-19

SUBMITTED BY:
SAKSHI TRIPATHI 
BA.LLB. (Hons.) 
SEMESTER 4

SUBMITTED TO:
Mr. Sagar Jain Sir

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Table of Contents

INTRODUCTION...............................................................................................................................4
WHAT IS SEC 144 Of CrPC..............................................................................................................5
Who can direct order under this section:............................................................................................6
Powers of the authorities under this section:......................................................................................6
Grounds for order under section 144:................................................................................................7
How longer this section can be imposed:...........................................................................................8
ROLE OF 144 DURING COVID.......................................................................................................9
SECTION 144 CR.P.C., LOCKDOWN AND CURFEW...............................................................11
SAME OR DIFFERENT?.................................................................................................................11
Sphere:.............................................................................................................................................11
Who has the authority to issue?.......................................................................................................11
GROUNDS OR PURPOSES INCLUDING RESTRICTIONS:......................................................12
PUNISHMENT PROVISIONS.......................................................................................................12
UNLAWFUL USE OF SEC 144.......................................................................................................13
CONCLUSION..................................................................................................................................15
Works Cited.........................................................................................................................................16

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 INTRODUCTION

It couldn’t be possible to slow down the curve without imposition of the section 144 of CrPC
which talks about the urgent cases if nuisance and apprehended danger. An Executive
Magistrate has broad authority to deal with emergency situations under the Criminal
Procedure Code (hereinafter the Code). One such provision deals with the Magistrates' power
to impose restrictions on individuals' personal liberties, whether in a specific locality or
within a town, where the situation has the potential to cause unrest or pose a threat to the
peace and tranquilly of the area as a result of certain disputes. Specified classes of magistrates
may issue such orders if they believe there is sufficient reason to act under the section and
that prompt prevention or remedy is required. However, the judicial pronouncements
discussed in this paper eloquently demonstrate that the Courts have put certain rigorous limits
on this most plenary power. As the case law suggests, the Court would consider not only the
situations as judged by the Magistrate, but also other issues such as whether the orders made
under section 144 were imprecise or directed to a specific person. As a result, in many
situations, orders issued under the provision may be overturned not only because they were
not justified by the circumstances, but also because the orders did not precisely indicate the
region on which the restrictions were placed, and so on.

This paper begins with explaining what is Sec 144 of CrPC, the scope of this section and so
on. Details of an order under this provision are discussed further in the article, including its
substance, duration, and mode of service. Judicial pronouncements have been used to
substantiate and elucidate the meaning of the provision while explaining the aforementioned.
Further it gives detail about the impact of this section on covid -19 and what are the
differences between lockdown, curfew and section 144 proceeding with the conclusion.

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 WHAT IS SEC 144 Of CrPC

Section 144 is mentioned in part C, urgent cases of nuisance or apprehended danger, under
chapter X which talks about Maintenance of public order and tranquillity of the code of
criminal procedure,19731. This is the most frequently used section as it is designed to be
useful or practical rather than attractive. Magistrates are empowered with some specific
powers to issue orders in urgent cases of nuisance or apprehended danger. In this context,
nuisance or apprehended danger refers to conditions that either create or have the potential to
create an atmosphere of disturbance among society's citizens or to endanger public health,
peace, or safety. The ranger of the powers of magistrate in this section very wide. In urgent
cases of nuisance or apprehended danger, the provision grants the authority to issue an
absolute order right away. Specific classes of Magistrates may issue such orders if they
believe there is sufficient reason to proceed under the clause and that prompt prevention or
remedy is required. It requires the Magistrate to give the order in writing, outlining the
important facts of the case, and to serve it in the manner prescribed by Section 134. In simple
terms it prohibits public gatherings. Authorities are empowered under this provision to
prohibit gatherings of 5 or more people in a specified jurisdiction or area that necessitates the
imposition of the specific section. And, given the urgency of the situation, it's even necessary
to forego the typical formalities and preliminaries associated with placing an order. Public
gatherings are normally prohibited under Section 144 of the criminal procedure code. Article
19 of the Indian Constitution requires that an order made under section 144 meet the
conditions of reasonable restrictions. The principles that must be kept in mind before
applying this section are outlined in Manzur Hasan v Muhammad Zaman 2. Only the most
severe and urgent situations that result in incarceration as a result of major unrest will be
covered under section 144. In Gulam Abbas & Ors v/s State of U.P. & Ors, 3 it was held that
an order issued under Section 144 is essentially an executive order that is passed in the
performance of an executive function where no dispute as to any rights between opposing
parties is adjudicated but only an order-preserving peace is made, and as such, it will be

1
“The Code of Criminal Procedure (CrPC) is the main legislation that covers the procedures for the
administration of substantive criminal law in India. At present, it consists of 484 sections divided into 37
chapters (among which Section 144 deals with the power to issue orders in urgent cases of nuisance or
apprehended danger), 2 schedules, and 56 forms.” (Analysis of Section 144 of the Code of Criminal Procedure
amid the covid-19 outbreak)
2
Manzur Hasan v Muhammad Zaman (1921) ILR 43 All 692 https://indiankanoon.org/doc/265287/
3
1981 AIR 2198, https://indiankanoon.org/doc/1203298/

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subject to writ jurisdiction either under Article 32 or under Article 226 of the Constitution if
it violates or infringes fundamental rights.

Who can direct order under this section:

1. District magistrate
2. Sub Divisional magistrate
3. Any other Executive Magistrate specially empowered by the State Government in this
behalf

Powers of the authorities under this section:

When there is sufficient reason to proceed under this section and immediate prevention and
remedy are desired, the empowered Magistrates may direct any person to abstain from a
specific act or to take specific actions with respect to certain property in his possession or
under his management by a written order.

An order under this section may, in cases of emergency or in cases where the circumstances
do not admit of the serving in due time of a notice upon the person against whom the order is
directed, be passed ex parte.

An order under this section may be directed to a particular individual, or to persons residing
in a particular place or area, or to the public generally when frequenting or visiting a
particular place or area. The order issued by such Magistrates may contain prohibitions on
illegally forming assemblies, holding or transporting any type of weapon, arms, or access to
internet services, among other things, depending on the circumstances.
Any Magistrate, on his own motion or on the application of any aggrieved person, may
revoke or change any order made under this section, either by himself, by any Magistrate
subordinate to him, or by his predecessor-in-office.

Similarly, the State Government may withdraw or change any order it has issued in
connection with the extension of the validity/duration of Section 144 under the proviso to
sub-section 4 of the same section, either on its own initiative or in response to a complaint
from any person aggrieved.

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Grounds for order under section 144:

The grounds on which the magistrate can issue order according to his discretion as such
direction, a) is likely to prevent or b) tends to prevent the following:

1. Obstruction: The Magistrate must ensure that issuing such an order under Section
144 is indeed necessary to prevent disobedience of any passed orders, such as public
orders, court orders, or government orders, or to prevent any action that is obstructing
or interfering with law and order in any case. In the midst of a sensitive Ram
Janmabhoomi - Babri Masjid land dispute case hearing in the Supreme Court,
restrictions under Section 144 were placed in Ayodhya in 2019.

2. Annoyance: Under this provision, the Magistrate may issue an order to prevent a
situation or behaviour that causes or tends to generate a climate of hatred or violence
among the people in the society, as a result of which law, order, and peace are likely
to be disrupted automatically or otherwise. And, whether it's a physical or emotional
discomfort, the section addresses both.

3. Injury to any person lawfully employed: The injury must be caused or inflicted on
persons who are engaged in the execution of their assigned duties under lawful
employment for Section 144 to be imposed on this reason. And the circumstance
requires that any kind of violence be used against a legitimately employed individual
who creates or threatens to create an unbalanced situation of law and order, regardless
of whether the injury is little or severe.

4. Danger to human life, health or safety: The Magistrate must determine that
enforcing the specific section is necessary to avoid a significant risk of harm to public
health or safety. The urgency must be such that if it is not addressed immediately, it
will quickly devolve into a massive calamity. In the current COVID-19 pandemic, for
example, Section 144 was imposed.

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 5. A disturbance of the public tranquillity: The term "disturbance of public
tranquillity" refers to a scenario in which any type of action or offence disrupts
society's public order and calm. The Magistrate must determine that the particular
activity/offense is harmful to society as a whole, and that Section 144 is essential to
preserve public safety by maintaining public peace and tranquillity. In December
2019, after anti-CAA protests, Section 144 was imposed.

6. Riot: It is a scenario that causes civil disturbance and is characterised by erratic and
provocative behaviour. The Magistrate must ensure that the imposition of Section 144
is required to prevent the members of the unlawful assembly from using force or
violence. For example, on the eve of the Supreme Court's Ayodhya ruling, Section
144 was implemented in Uttar Pradesh, Jaipur, and sections of New Delhi and
Mumbai to avert riots.

7. An affray: Affray' denotes the threat of physical violence rather than just verbal
abuse. On this basis, the Magistrate must ensure that Section 144 is essential to be
applied in order to prevent actions that cause fear or dread among the public and to
restore peace among society's members.

As illustrated above, the section allows for the creation of an order that is either prohibitory
or mandatory.4

How longer this section can be imposed:

This section under sub section (4) is written as

“No order under this section shall remain in force for more than two months from the making
thereof: Provided that, if the State Government considers it necessary so to do for preventing
danger to human life, health or safety or for preventing a riot or any affray, it may, by
notification, direct that an order made by a Magistrate under this section shall remain in force
for such further period not exceeding six months from the date on which the order made by

4
Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, (1970) 3 SCC 746: 1971 Ch LJ 1720, 1729; Pradyot
Kumar v. Bank of India, 1973 Cri LJ 1361 (Cal). For a general discussion regarding the principles upon which the
jurisdiction under S. 144 is to be exercised, see, Mohd. Gulam Abbas v. Mohd. Ibrahim, (1978) 1 SCC 226, 227:
1978 SCC (Cri) 106, 107: 1978 Cri LJ 496.

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the Magistrate would have, but for such order, expired, as it may specify in the said
notification.”5

As stated above restrictions imposed under this section shall remain in force not more than
two months from the date of the order. But if the state government deemed that it is necessary
not to withdraw the restrictions for preventing danger to human life, health or safety or for
preventing a riot or affray so an order made by a magistrate under this section shall remain in
force for such further period which should not be exceeding six months from the date on
which the order made by the magistrate was expired.

ROLE OF 144 DURING COVID

It’s been more than two years since the outbreak of covid-19 in India. When the coronavirus
was on its peak and the entire country was encircled in the pandemic, section 144 of CrPC
was imposed as a preventive measure in terms of public health and safety to curb the surge of
the virus.

COVID-19, as we all know, has proven to be an extremely lethal and fast-spreading virus,
making it imperative to limit or regulate public movement in any case. And Section 144 of
the Code of Criminal Procedure is an outstanding provision in this regard because it gives
authorised Magistrates a tremendous deal of power by allowing them to restrict public
gatherings.
In instances of emergency, Section 144 is enforced in a specified region/area, notably in cases
of nuisance or perceived threat of any event that has the potential to create a problematic
situation or do harmful damage to human life or property. COVID-19, unfortunately, falls
under this category.
To curb the surge of the virus, section 144 was imposed with the following restrictions in
different parts of the country:

 Prohibits the presence or movement of one or more people in public places, as well as
meetings of any kind anyplace, without the use of a mask on people's faces. An order
further states that social distancing norms (a minimum of 6 feet distance) must be
followed at all times.
5
Bare Act, THE CODE OF CRIMINAL PROCEDURE, 1973

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 Prohibits public gatherings in apartment and residential complex amenities such as
swimming pools, gymnasiums, and party or gathering venues.
 Political rallies, unauthorised protests, marches, and group prayers, among other
things, are prohibited.
 All social or religious gatherings are forbidden. Individual state governments, on the
other hand, have set a specific number of individuals who can attend a funeral or
wedding function in total, subject to certain requirements.
 All essential commodities/services/shops/business establishments, such as grocery,
dairy, fruits and vegetable stores, etc., must operate within a specific time frame while
ensuring that proper precautions are taken to limit the spread of coronavirus, such as
completing the sanitization process and adhering to social distancing norms, among
other things.
 In the four-wheelers, a maximum of four people can be seated at once, including the
driver.
 A small number of people (about half of the total space) will be allowed to access
cinemas, restaurants, and other public places while following proper procedures such
as keeping social distance and wearing a proper mask to cover their faces.
 The order carries threats of legal action against anyone who does not follow the
COVID-19 protocols (like proper social distancing and covering of face through
masks, etc.)

SECTION 144 CR.P.C., LOCKDOWN AND CURFEW

SAME OR DIFFERENT?

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Sphere:

Section 144 of Criminal Procedure Code, 1973 give power to Magistrates or Executive
Magistrates to issue order in the cases which are urgent related to nuisance or apprehended
danger.

The expression “Lockdown” is not considered as a legal term. Government officials use this
term to describe a situation in which voluntarily movement of persons, public transport,
goods etc, are restrained because of the need or requirement of the situation. However there
are some exemptions for this. To understand all these term particularly we have to refer from
the Epidemic Disease Act, 1897, especially during the time of covid pandemic.

The Expression “Curfew” can be understood in relation to an order given under Section 144
of the Criminal Procedure Code, 1973. When the situation is more severe then the court
order for curfew for a specific period of time.

Who has the authority to issue?

District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate has the authority to

impose Section 144 of Cr.P.C.

Lockdown - Central Government, State Government or any person/officer empowered by

central or state government under the relevant act or laws can impose lockdown in any part of
India considering the situation or circumstances.During the situation like disaster or
pandemic, The Disaster Management Act, 2005 and The Epidemic Diseases Act, 1897 play a
very vital role in handling these situations.

Curfew - Law enforcement agencies like the DM, DGP etc. can impose curfew. Curfew will
take place at the time when collector and police commissioner has the power.

GROUNDS OR PURPOSES INCLUDING RESTRICTIONS:

'SECTION 144' - To ban public gatherings of 5 or more people in order to prevent situations
of annoyance or perceived risk that has the potential to inflict harm to human life or property,
or to maintain peace and order in regions where current problems can disturb daily life.

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'LOCKDOWN' – To impose restrictions on all non-essential activities, goods, and services,
as well as to restrict public movement via various modes of public transportation such as
buses, railways, and fights, in order to reduce the risk to public health and safety and to
maintain a state of peace among members of society.

'CURFEW' - To compel individuals to stay indoors (totally off the roads) for a set amount of
time in order to avert risk to human life, health, or safety, and to maintain public peace, etc.
During curfew, essential services are also suspended.

PUNISHMENT PROVISIONS

'SECTION 144' can be enforced through the mechanism provided in Section 188 of the
Indian Penal Code, namely, if such disobedience by any person/persons causes obstruction,
annoyance, or injury to persons lawfully employed, such person/persons will be punished
with imprisonment of up to one month or a fine of up to two hundred rupees, or both. And if
such disobedience by any person/persons endangers human life, health, or safety, or causes or
tends to provoke a riot or affray, such person/persons will face imprisonment for up to six
months, a fine of up to one thousand rupees, or both.

'LOCKDOWN' can be enforced through the mechanism provided under Section 188 of the
CrPC, whereby disobedience to the directions of a public servant is punishable with either
imprisonment or fine or both imprisonment and fine, Section 269 of the Indian Penal Code,
i.e. if any person/persons do the negligent act which is likely to spread infection of disease
dangerous to life, such person/persons would be punished with imprisonment which may
extend to six months, or with both imprisonment and fine. And if someone is requested to
quarantine boats or regulate contact between areas where an infectious illness is present and
he breaches such order, he will be penalised under Section271 of the Indian Penal Code with
imprisonment for a term of up to six months, a fine, or both.

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'CURFEW' can be enforced by the method established in Section 188 of the Indian Penal
Code, i.e. with the imposition of the same punishment as that which is to be granted for
violations of orders issued under Section 144.

UNLAWFUL USE OF SEC 144

As I have mentioned in above subtopic, section 144 is very broad and it has very wide range
to give the absolute power to exercising authorities which can be used unjustifiably. On the
other hand, if there is any immediate remedy against the order passed under this section to the
aggrieved party the only thing which can be done is a revision application to the magistrate
himself.
The apex court held that orders issued under section 144 had direct consequences for the
citizen's fundamental rights, and that such power, if used casually and arbitrarily, would
result in extreme illegality. Prohibitory orders are still being utilised indiscriminately, and the
judiciary is the only thing standing between the government and the people. Even in normal
circumstances, Section 144 has shown to be a successful instrument for suppressing protests,
prohibiting people from assembling, and imposing curfew-like restrictions for the
authoritarian purpose of preventing inhabitants from exercising their constitutional rights and
freedoms. In today's post-independence India, this powerful instrument of colonial repression
is still used to suppress nonviolent rallies and lawful protests. Its indiscriminate usage, in
flagrant violation of the norms and in situations where it should not be used, goes unchecked
for long periods of time under the guise of keeping public order.
How court should apply its judicial mind before giving order under this section, the principle
was laid down in the case of Manzur Hasan & Ors. v/s Muhammad Zaman & Ors 6 which was
further upheld in the case of Shaik Piru Bux v/s Kalandi Pati 7. The essence of Section 144
action is the situation's urgency, while its efficacy is the chance of being able to avoid some
damaging events.8 The provision is aimed against people who try to prohibit others from
exercising their legal rights or endanger public safety and health. Normally, the order would
be issued against someone who was found doing or likely to act in a certain way. A broad
order, on the other hand, may be necessary when the number of people is so great that
distinguishing them from the general public is impossible without the risks stated earlier. A

6
(1921) ILR 43 All 692
7
1970 AIR 1885
8
Jagdishwaranandv. Police Gommr., 1983 Cri LJ 1872 (Cal).

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broad order is thus justified, but if the conduct is overbroad, the order may be challenged
using suitable legal remedies, which are plentiful.9

CONCLUSION

Section 144 has come out as an outstanding provision whether in the urgent cases of nuisance
or apprehended danger or in emergency. The most amazing aspect of this provision is that the
9
Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, (1970) 3 SCC 746: 1971 Cri LJ 1720, 1731.

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orders issued under it are anticipatory in nature, which implies that acceptable restrictions can
be placed on certain actions/events even before they occur, so preventing some potentially
detrimental outcomes. As a result, this provision enters into force as a way of ensuring
people's health and safety by maintaining peace and calm in a certain region. However, the
lack of any particular tailoring of broad executive powers to specific purposes, along with the
executive branch's lack of judicial control, makes it ideal for abuse and exploitation. The
Magistrate should conduct an investigation and note the urgency of the situation before acting
under this clause. There is a need to strike a balance between the legislature's grant of plenary
powers to deal with emergency situations and the need to maintain citizens' personal liberty
and other freedoms guaranteed by the Constitution's fundamental rights. However, by
applying Section 144 and adopting various other preventive measures, the government has
tried its best to flatten the curve of the COVID-19 pandemic but important thing is to
implement it properly in a planned manner. Notwithstanding its discretion, section 144 is an
important component of the set of steps taken by the administrative body of any district to
prevent and handle emergency circumstances.

Numerous lawsuits have been filed contesting the section's constitutional legality, with an
equal number of court decisions confirming its legitimacy. Though the Magistrate is given
discretionary powers under this provision, the exercise of those powers is subject to a number
of restrictions in order to avoid any arbitrariness or unfairness in the ruling. The fact that the
High Court can review a Magistrate's order under this section rationalises the use of this
power.

Furthermore, the rising number of riots and other incidents disrupting public peace and quiet
has made it necessary for Magistrates to have such powers in order to provide the ordinary
people with the safety and peace that they require to live.

However, it could be argued that, at this point, there appears to be a need to strike a balance
between the legislature's grant of plenary powers to deal with emergency situations and the
need to protect citizens' personal liberty and other freedoms under the Constitution's
fundamental rights, particularly Article 21.

Works Cited

(n.d.). Retrieved from https://m.economictimes.com/news/politics-and-nation/section-144-cannot-

be-used-to-prevent-exercise-of-democratic-rights-says-sc/articleshow/73191967.cms

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Analysis of Section 144 of the Code of Criminal Procedure amid the covid-19 outbreak. (n.d.).
Retrieved from blogipleaders.

(n.d.). BARE ACT, CODE OF CRIMINAL PROCEDURE 1973.

Chandwani, S. (n.d.). Section 144: The need of the hour amid COVID-19 crisis. Retrieved from
YOURSTORY: https://yourstory.com/2020/03/section-144-crpc-needed-covid-19/amp

dhirajlal, R. a. (2017). Ratanlal And Dhirajlals The Code Of Criminal Procedure. lexis nexis.

Kini, A. (2020). Section 144 CrPC Cannot Be Used As A Tool To Prevent Legitimate Expression Of
Opinion: SC. Retrieved from Livelaw : https://www.livelaw.in/top-stories/section-144-crpc-
cannot-prevent-legitimate-expression-of-opinion-151495

Pillai, D. K. (n.d.). Urgent Cases of Nuisance or Apprehended Danger. In D. K. Pillai, R.V. Kelkar’s
Criminal Procedure.

Prasad, C. (n.d.). Analysing Section 144, CrPC: Is it inadequate to confront urgent cases of nuisance or
apprehended danger. Retrieved from Leagal services iindia:
http://www.legalservicesindia.com/articles/crpc.htm

Repetitive Section 144 orders abuse of power’: What Supreme Court said on Kashmir curbs. (n.d.).
Retrieved from Hindustan times : https://www.hindustantimes.com/india-news/repetitive-
section-144-is-abuse-of-power-what-supreme-court-said-on-kashmir-curbs/story-
yCDPbbsd2Ov7N7xk7sLdkM.html

Section 144 of CrPC. (n.d.). Retrieved from Drishtiias:

https://www.drishtiias.com/daily-updates/daily-news-analysis/section-144-of-crpc-1

THE MISUSE OF SECTION 144 OF CRIMINAL PROCEDURE CODE. (n.d.). Retrieved from Lawcutor:
https://lawcutor.com/2021/02/04/the-misuse-of-section-144-of-criminal-procedure-code/

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