SECTION 144 OF CRPC (UNLAWFUL ASSEMBLY)

Sept. 5, 2018

Ahead of proposed nationwide bandh on September 6, called by some organisations protesting against the SC/ST Amendment Bill passed in Parliament last month, Section 144 of CrPC has been imposed in five districts of Madhya Pradesh.

About:

  • Section 144 of the Criminal Procedure Code (CrPC) prohibits any assembly of five or more people in an area where it has been imposed.

  • According to the law, every member of such "unlawful assembly" can be booked for "engaging in rioting". Moreover, obstructing police from breaking up an unlawful assembly is a punishable offence as well.

  • The maximum punishment for such act is three years.

  • Background:
    • 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 Freedom Struggle.

    • However, the use of the section in Independent India remains controversial as very little has changed.



Section 144 vs Curfew:

  • Section 144 is generally prohibitory in nature. It restricts from public gathering, but doesn't bar it all together.

  • A curfew, on the other hand, orders people to stay indoors for a specific period of time. So, the authorities can impose curfew for certain period of time (However, the authorities can also extend the curfew if the need be).

  • One also needs a prior approval from the local police for moving out during curfew.

Source : The Hindu

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