Maintenance

aintenance of Public Order and Tranquillity

Submitted by:

Divya Raunak (2119), B.A. L.L.B (Hons)

Submitted to:

Ms. Preety Anand

Faculty of Criminal Law.

This rough draft is submitted in the partial fulfilment of the topic

“Maintenance
Maintenance of Public Order and Tranquillity
Tranquillity”

Chanakya National Law University, Patna

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Abstract

This project will discuss about the topic “Maintenance of Public Order and Tranquility” as
enumerated in Chapter X of the Code of Criminal Procedure. Provisions regarding the topic
range from section 129 to Section 148 CrPC. It will define each ingredient of the mentioned
sections and provide landmark case laws for each of them for further clarification. In the second
part of it, the project will go on discussing about A) Unlawful Assemblies, B) Public Nuisance,
C) Urgent cases of nuisance and apprehended danger, D) Disputes as to immovable property.
The project will also discuss about loopholes in these sections in the light of present days
scenario and will also provide suggestions in the end of the project.

Introduction

Maintenance of Public Order and Tranquility under CrPC

Public Order and Tranquility is paramount for any society. The government needs to ensure the
maintenance of the public order. It is indispensable for the smooth and proper functioning of
society and for the citizens to enjoy their liberty and free state of mind. In a situation of disorder,
the enforcement of law and order is the duty and function of the police and legal system. To
enable the same, the Criminal Code of Procedure provides for the maintenance of public order
and tranquility. Maintenance of public order requires that the order should be maintained in
public places and should not be obstructed by assemblies and processions. The project deals with
the concept of public order and tranquility. It mainly focuses on the police officers’ duty in times
of public disorder. The public disorder might be caused due to unlawful assembly, riots, mass
gathering causing arson or violence, etc. Several provisions have been laid down in the Indian
Penal Code, The Code of Criminal Procedure, and The Police Act for the maintenance of public
order and tranquility. Maintenance of Public Order and Tranquility has been dealt with
specifically under Chapter X of the Code of Criminal Procedure.

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Chapter X of the CrPC has been divided into four parts that classify the offences mentioned
within each of them for disturbing the peace and order in the society. These are Part A–
Unlawful Assemblies, Part B – Public Nuisances, Part C – Urgent Cases of Nuisance, or
Apprehended Danger and Part D –Disputes as to Immovable property. In the following section,
all these sections will be thoroughly discussed in order to create an exhaustive knowledge base
related to these offences against public order and tranquility.

Aims and Objective

i. To study the provisions related to Maintenance of Public order and
Tranquility as provided under the Code of Criminal Procedure.
ii. The researcher wants to discuss about the topic, their ingredients, various
sub-topics provided therein along with leading case laws.

Research methodology
The researcher will do doctrinal type of research in which he will go through the primary as well
secondary sources. The researcher through this methodology will be able to get an exact picture
of the problem in question. The doctrinal method helps in doing a comparative study of the topic.
This methodology helps in going through not only the work of one eminent person but of many
other too. This helps in getting the bird’s eye view of the subject. To satisfy the need of the
project, the researcher will go through rigorous online research and will also try to find the
authenticity of the fact. To satisfy the need of the project, the researcher will go through section
by section and clause by clause of each section in question. Then, the researcher will cross check
the commentary of those provisions. This methodology will be the most effective way in
preparing the project. The researcher will also elaborate the topic with the help of landmark
cases. Since the researcher is at home in a global pandemic with the limited resource, he will try
to find different facts from different online authentic websites. The researcher will also take help
from the PDFs of books on criminal law which are available online.

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Sources of data collection.

The researcher will collect data from both primary as well as secondary sources
The primary sources:
a. Code of Criminal Procedure, 1973
b. Indian Penal Code, 1860
c. Law Commission Reports.
The secondary sources:
a. Magazine.
b. Books.
c. Journals.

Limitation of the study

Since the researcher is a student of law, he has access to a limited area. The researcher having
read the contents on different websites on the topic concerned will understand the topic
thoroughly. The knowledge would have been gained more if he had no limited resources. The
researcher has limited time for the project. The historical need and background is also necessary
for having a bird’s eye view of the particular topic and it gets developed only by effective and
extended reading over a long period of time. The researcher has a restricted access or rather no
access to the library as the project has been made at the comfort of home. The researcher is going
through a global pandemic which has affected his normal life in many ways. But still researcher
with his hard work will manage to take out the best possible work.

Tentative chapterisation:
1. Introduction of the topic.
2. Research methodology.
3. Provisions related to the topic as enumerated under CrPC.
4. Unlawful Assemblies and Public Nuisance
5. Landmark cases.
6. Conclusion and suggestions/ reform proposals.
7. Bibliography/ References.