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

April 20, 2024

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 assembly of four or more people in an area. 
  • According to the law, every member of 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 bar on 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. It 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    • It can be withdrawn at any point of time if the situation becomes normal.