Section 144 of the criminal procedure code crpc of 1973 empowers the magistrate to prohibit the movement or assembly of more than five person in an area. Code of criminal procedure, 1898 as amended by act 2 of 1997 the code of criminal procedure, 1898 pakistan as amended by act ii of 1997 part i preliminary chapter i 1. In india we often hear in news about the applicability of section 144 at different parts of the country in case of riots or strikes or vase public processions. The british raj used section 144 for the first time in 1861. Explore section 144 of the crpc profile at times of india for.
Section 144 of the criminal procedure code crpc of 1973 empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. It is also used to order mobile phone companies to block voi. Section 144 of criminal procedure code crpc imposes power to executive magistrate to restrict particular or a group of persons residing in a. The police has imposed section 144 to maintain peace order.
The section also empowers the authorities to block internet access. Section 144 of the criminal procedure code crpc is used to prohibit assemblies of four or more individuals. Section 144 of code of criminal procedure current affairs. What if police gives a notice under section 1442 crpc. Who and why it is continue reading section 144 crpc. In cases where, in the opinion of a district magistrate, a subdivisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is. What is section 144 of crpc, what is curfew, what is the. The court also said that while section 69a of the it act was meant to block certain websites, section 144 crpc the government could issue directions to persons who are responsible for extending internet access. Be it enacted by parliament in the twentyfourth year of the republic of india as follows.
Unlawful assembly is a legal term to describe a group of people with the mutual intent of. This section resides as the sole occupant under the chapter of temporary measures to maintain public tranquility and gives state governments the power to issue orders for immediate remedy in urgent cases of nuisance or. Crpc section 144 power to issue order in urgent cases of. Deputy commissioner of west karbi anglong syed isfaqur rahman on monday issued a prohibitory order under section 144 of the crpc in order to contain any spread or entry of the coronavirus among the public. In this backdrop, here is an overview of section 144 of the code of criminal procedure crpc. Section 145 in the code of criminal procedure, 1973. Section 144 crpc is a law retained from the colonial era. Section 144 was declared within a 100 metre radius of all exam centres, to prevent malpractice and indiscipline. It can be withdrawn at any point of time if situation becomes normal. It is issued in urgent cases of security threat or riot. Act xix of 1961, to be a sessions division and is to be deemed to be a district within the meaning of section 7 of the criminal procedure code and the criminal procedure code is to have effect accordingly.
This is a notification issued by the district magistrate. District magistrate, a subdivisional magistrate or any other continue reading section 144 of criminal. What is the difference between curfew and crpc section 144. Since then, it was used by the colonial government to suppress all the. Section 144 notification is issued by the district magistrate of the area. Gk topic, section 144 crpc code of criminal procedure crpc. Power to issue order in urgent cases of nuisance of apprehended danger.
Crpc on the other hand will determine the way in which the police, prosecutors and magistrates or judges will act during the investigation and trial of the case. So, to curb the situation government in several districts of state imposed section 144 of crpc. Pdf crpc pdf download criminal procedure code pdf 2020. Section 144 of the criminal procedure code crpc of 1973 empowers a magistrate to prohibit an assembly of more than ten people in an area. All you need to know about unlawful assembly or section 144.
Due to which prohibitory orders have been issued by the state governments under section 144 of the code of criminal procedure, 1973. Download pdf files of current affairs notes by clicking following link. Section 144 of crpc empowers the executive magistrate to prohibit the unlawful assembly of five or more people in the area in which it is imposed. Caa nrc protest crpc section 144 several state governments have invoked section 144 in cities in the wake of protests against the citizenship amendment act caa and the nrc. Code of criminal procedure 1898 complete act citation. Context with protests against the citizenship amendment act intensifying at several places across many states, several state governments have imposed section 144 of the criminal procedure code crpc to curb the protests. Section 144 of the criminal procedure code crpc of. What is section 144 of crpc, duration of section 144 of crpc. In brief, section 144 confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Get ready for upsc civil services preliminary exam 2020 with insights insta 75 days revision plan. Section 144 of the criminal procedure code crpc of 1973 is a colonialera law that empowers the executive magistrate to issue orders to prevent and address the urgent cases of apprehended danger or nuisance. Section 144 of crpc current affairs upsc prelims 2020. Section 144 of criminal procedure code crpc explained.
No order under section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. Law and order situation worse in many part of the country. Attend current affairs classes with neo ias academy provided by gaurav sir for civil services exams with conceptual clarity. Section 144 of crpc burning issues free pdf download. Gk, general studies, optional notes for upsc, ias, banking, civil services. Here is a beautiful, mobile perfect pdf for criminal procedure code, 1973. India has seen numerous internet shutdowns for various reasons in this year, all under the same provision of law section 144 of the code of criminal procedure, 1973 crpc. Analysis of section 144 of crpc legal service india. Section 144 in the code of criminal procedure, 1973 indian kanoon.
Section 144 of the criminal procedure code crpc of 1973 empowers an executive magistrate to issue orders in urgent cases of nuisance or. The court held that in case of a law and order situation, it is up to the competent authority, i. Analysis of section 144 of crpc legal services india. Sometimes in situation it is not possible to distinguish between section 144 and curfew. Section 144 was used for the first time in 1861 by the british raj, and thereafter became an important tool to stop all nationalist protests during the indias independence struggle. Though the scope of section 144 is wider, it is often used to prohibit assembly of three or more persons when unrest is anticipated. Section 144 in the indian penal code joining unlawful assembly armed with deadly weapon. Editorial analysis section 144 of crpc aspirant world. When and why the government tends to invoke this section. It should be noted that section 144 crpc is not same as or equivalent to a curfew orders of curfew are issued in more severe situations where people of the area are instructed to stay indoors for a specific time or period all public establishments such as markets, schools, colleges, etc. Legality of internet shutdowns under section 144 crpc.
Important aspects of governance, transparency and accountability. Section 144 in the code of criminal procedure, 1973. In this article, kanishk khullar discusses section 144, laws punishing unlawful assembly under the indian penal code. With protests against the citizenship amendment act intensifying at several places across many states, several state governments have imposed section 144 of the criminal procedure code crpc to curb the protests what is section 144 of crpc. Section 144 is a major tool in the hands of the executive magistrate to prevent obstruction, annoyance. Latest and breaking news on section 144 of the crpc.
In cases where, in the opinion of a district magistrate, a sub divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for. State governments have issued prohibitory orders under section 144 of the code of criminal procedure crpc, 1973 to deal with demonstrations by protesters against the citizenship amendment act. You can get this pdf for free or by paying any small amount and helping me. Section 144 of crpc questions rule of law abc live india. Provided that the provisions of this code, other than those relating to chapters viii, x and xi thereof, shall not apply a to the state of nagaland, b to the tribal. Citizenship amendment act by issuing prohibitory orders under section 144 of crpc.
Section 144 crpc imposed in west karbi anglong the. The previous post traced a historical arc stretching from 1861 till the end of the 19th century to show the gradual development of section 144, cr. Section 144 of criminal procedure code ias gatewayy. Code of criminal procedure, 1898 complete act bare act. Section 144 of criminal procedure code crpc is frequently used to prohibit assemblies of four or more individuals, or to order mobile. Satheesh declared section 144 in thiruvananthapuram, to prevent the spread of dengue, which can be transferred through urine. Section 144 crpc is imposed when the government thinks that there are chances of disturbance of the public tranquility or a riot in any area. Power to issue order absolute at once tri urgent cases of nuisance or apprehended. Read upsc current affairs news on section 144 of code of criminal procedure which is discussed in question and answer format published on december 20,2019 you can download the pdf version of the news exclusive for ias aspirant. Once section 144 is promulgated, the penal provision of it, breach is covered us 188 of ipc, where the disobedience of the order causes or tends to cause obstruction.