What is Section 144 of CrPC, 1973:-
Section 144 applicable by law to maintain the peace in nuisance area.
In some trouble condition like Fight riots, looting and such violence to stop and maintain such condition section 144 is enforced by law in violence active area to establish peace.
In CrPC Section 144:-
empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Though the scope of Section 144 is wider, it is often used to prohibit an assembly of five or more persons when unrest is anticipated. Section 129 of the CrPC grants Executive Magistrates and Police officers in charge of a police station and above the power to order the dispersal of, disperse and cause to be dispersed any unlawful assembly. Section 130 authorizes an Executive Magistrate to obtain the aid of the Armed Forces to disperse any such assembly, and Section 131 grants any Gazetted Officer of the Armed Forces the power to use his troops to disperse a manifestly dangerous assembly even without command from a Magistrate (he must, however, contact an Executive Magistrate as soon as possible and then follow his instructions while taking any further actions.
Section 144 applicable by law to maintain the peace in nuisance area.
In some trouble condition like Fight riots, looting and such violence to stop and maintain such condition section 144 is enforced by law in violence active area to establish peace.
empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Though the scope of Section 144 is wider, it is often used to prohibit an assembly of five or more persons when unrest is anticipated. Section 129 of the CrPC grants Executive Magistrates and Police officers in charge of a police station and above the power to order the dispersal of, disperse and cause to be dispersed any unlawful assembly. Section 130 authorizes an Executive Magistrate to obtain the aid of the Armed Forces to disperse any such assembly, and Section 131 grants any Gazetted Officer of the Armed Forces the power to use his troops to disperse a manifestly dangerous assembly even without command from a Magistrate (he must, however, contact an Executive Magistrate as soon as possible and then follow his instructions while taking any further actions.
- To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
- To resist the execution of any law, or of any legal process.
- To commit any mischief or criminal trespass, or other offences.
- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
who is empower this?
Area magistrate order to empower in urgent case of nuisance or the district collector has the same power to enforce this section in their area.
what is the time limit of this order?
- Section 144 would continue to 2 months.
- it can be increased for 2 months to 6 months.
- when the situation is normal this section can be stopped.
Effect of this section
- After this section enforcement in that area, nobody can make a group of 4 persons or more, and also they cant carry the weapon in that area.
- this section restriction on people and also on motor traffic.
- people can not make a group and stand in public place.
this section must be in written order by magistrate and district officer.
What is punishment define for breach section 144?
every person has a duty to Follow is section 144 for public welfare. all rights give to the magistrate cause of maintaining peace in the area.
Punishment:- maximum of 3 years imprisonment or heavy fine and both.
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