SECTION 144 OF CRPC (UNLAWFUL ASSEMBLY)

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.