What is Section 144 of Code of Criminal Procedure (CrPC)?

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What is Section 144 of Code of Criminal Procedure (CrPC)? Blog Image


The Supreme Court recently agreed to consider a petition for quashing prohibitory orders issued under Section 144 of the CrPC, particularly those linked to the election.

About Section 144 of CrPC

  • It authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assemblyof four or more people in an area.
  • According to the law, every memberof such an 'unlawful assembly'can be booked for engaging in rioting.
  • Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property.
  • It generally prohibits public gatherings.
  • It has been used in the past to impose restrictions as a means to prevent protests that can lead to unrest or riots.
  • The executive magistrate of the given jurisdiction has been conferred the power to issue orders under Section 144 when there is an impending emergency situation.
  • Section 144 also restricts carrying any sort of weapon in the area where it has been imposed and people can be detained for violating it.
    • The maximum punishment for such an act is three years.
  • According to the order under this section, there shall be no movement of public, and all educational institutions shall also remain closed, and there will be a complete baron holding any kind of public meetings or rallies during the period of operation of this order.
  • Moreover, obstructing law enforcement agencies from dispersing an unlawful assembly is a punishable offence.
  • Section 144 also empowers the authorities to block internet access.
  • It prohibits the conduct of some events that are otherwise allowed during regular times.
  • Duration of Section 144 Order:
    • No order under Section 144 shall remain in force for more than two months, but the state government can extend the validity for two months and a maximum up to six months.
    • It can be withdrawn at any point of time if the situation becomes normal.

Q1: What is the Code of Criminal Procedure (CrPC)?

Enacted in 1973 (came into force on 1 April 1974), CrPC is the main legislation on procedure for administration of substantive criminal law in India.It provides a procedure for the investigation of crime, the collection of evidence, and the determination of guilt or innocence. The CrPC also covers the arrest and detention of suspects, the conduct of trials, and the sentencing of convicted individuals.

Source: Is Section 144 during polls justifiable? Plea in SC