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2 minAct/Law
  1. Home
  2. /
  3. Concepts
  4. /
  5. Act/Law
  6. /
  7. Section 144 of CrPC
Act/Law

Section 144 of CrPC

What is Section 144 of CrPC?

Section 144 of the Code of Criminal Procedure (CrPC) 1973 empowers an Executive Magistrate to issue orders in urgent cases of apprehended danger or nuisance. It is a preventive measure to maintain public order and peace.

Historical Background

The Code of Criminal Procedure (CrPC) was originally enacted in 1898 and subsequently replaced by the comprehensive CrPC 1973. Section 144 has been a part of Indian legal framework for a long time, evolving to address contemporary challenges in maintaining law and order.

Process of Imposing Section 144 CrPC

This flowchart illustrates the process by which Section 144 of the Criminal Procedure Code is imposed, from the initial assessment to the issuance and enforcement of the order.

2 minAct/Law
  1. Home
  2. /
  3. Concepts
  4. /
  5. Act/Law
  6. /
  7. Section 144 of CrPC
Act/Law

Section 144 of CrPC

What is Section 144 of CrPC?

Section 144 of the Code of Criminal Procedure (CrPC) 1973 empowers an Executive Magistrate to issue orders in urgent cases of apprehended danger or nuisance. It is a preventive measure to maintain public order and peace.

Historical Background

The Code of Criminal Procedure (CrPC) was originally enacted in 1898 and subsequently replaced by the comprehensive CrPC 1973. Section 144 has been a part of Indian legal framework for a long time, evolving to address contemporary challenges in maintaining law and order.

Process of Imposing Section 144 CrPC

This flowchart illustrates the process by which Section 144 of the Criminal Procedure Code is imposed, from the initial assessment to the issuance and enforcement of the order.

Executive Magistrate receives information about potential disturbance of peace.
1

Magistrate assesses the situation and determines if there is sufficient ground for immediate action.

2

Magistrate issues a written order prohibiting assembly of four or more people, restricting movement, etc.

3

Order is communicated to the public through various means (e.g., public announcement, notices).

4

Violation of the order is a punishable offense under the Indian Penal Code.

5

Order remains in effect for a maximum of two months, extendable up to six months by the State Government.

6

Enforcement of the order by police and other authorities.

End
Executive Magistrate receives information about potential disturbance of peace.
1

Magistrate assesses the situation and determines if there is sufficient ground for immediate action.

2

Magistrate issues a written order prohibiting assembly of four or more people, restricting movement, etc.

3

Order is communicated to the public through various means (e.g., public announcement, notices).

4

Violation of the order is a punishable offense under the Indian Penal Code.

5

Order remains in effect for a maximum of two months, extendable up to six months by the State Government.

6

Enforcement of the order by police and other authorities.

End

Key Points

8 points
  • 1.

    Issued by an Executive Magistrate (District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government).

  • 2.

    Can be invoked when there is an apprehension of danger or nuisance, or to prevent obstruction, annoyance, or injury to any person lawfully employed.

  • 3.

    Prohibits the assembly of four or more people in a specified area, often referred to as a 'curfew' or 'prohibitory order'.

  • 4.

    Can restrict movement, carrying of weapons, public gatherings, and even suspend internet services.

  • 5.

    An order under Section 144 remains in force for not more than 2 months, but the State Government can extend it for a further period of not more than 6 months from the date of the original order.

  • 6.

    The affected person can challenge the order in the High Court.

  • 7.

    Violation of an order under Section 144 is a punishable offense under Section 188 of the Indian Penal Code (IPC).

  • 8.

    The Supreme Court in Anuradha Bhasin v. Union of India (2020) ruled that orders under Section 144 must be proportionate and necessary, and cannot be used to suppress legitimate expression or dissent.

Visual Insights

Process of Imposing Section 144 CrPC

This flowchart illustrates the process by which Section 144 of the Criminal Procedure Code is imposed, from the initial assessment to the issuance and enforcement of the order.

  1. 1.Executive Magistrate receives information about potential disturbance of peace.
  2. 2.Magistrate assesses the situation and determines if there is sufficient ground for immediate action.
  3. 3.Magistrate issues a written order prohibiting assembly of four or more people, restricting movement, etc.
  4. 4.Order is communicated to the public through various means (e.g., public announcement, notices).
  5. 5.Violation of the order is a punishable offense under the Indian Penal Code.
  6. 6.Order remains in effect for a maximum of two months, extendable up to six months by the State Government.
  7. 7.Enforcement of the order by police and other authorities.
  8. 8.End

Related Concepts

Freedom of ReligionPublic OrderMaintenance of Public OrderFundamental Rights (Internet Shutdowns & Article 19)Sixth Schedule of the Constitution (Autonomous Districts)

Source Topic

UP Police Detains 12 for Offering Namaz Without Permission

Polity & Governance

UPSC Relevance

Critical for UPSC GS Paper 2 (Polity & Governance, Internal Security). Frequently asked in Prelims (factual details, duration, issuing authority) and Mains (application, impact on fundamental rights, law and order challenges).

On This Page

DefinitionHistorical BackgroundKey PointsVisual InsightsRelated ConceptsUPSC RelevanceSource Topic

Source Topic

UP Police Detains 12 for Offering Namaz Without PermissionPolity & Governance

Related Concepts

Freedom of ReligionPublic OrderMaintenance of Public OrderFundamental Rights (Internet Shutdowns & Article 19)Sixth Schedule of the Constitution (Autonomous Districts)

Key Points

8 points
  • 1.

    Issued by an Executive Magistrate (District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government).

  • 2.

    Can be invoked when there is an apprehension of danger or nuisance, or to prevent obstruction, annoyance, or injury to any person lawfully employed.

  • 3.

    Prohibits the assembly of four or more people in a specified area, often referred to as a 'curfew' or 'prohibitory order'.

  • 4.

    Can restrict movement, carrying of weapons, public gatherings, and even suspend internet services.

  • 5.

    An order under Section 144 remains in force for not more than 2 months, but the State Government can extend it for a further period of not more than 6 months from the date of the original order.

  • 6.

    The affected person can challenge the order in the High Court.

  • 7.

    Violation of an order under Section 144 is a punishable offense under Section 188 of the Indian Penal Code (IPC).

  • 8.

    The Supreme Court in Anuradha Bhasin v. Union of India (2020) ruled that orders under Section 144 must be proportionate and necessary, and cannot be used to suppress legitimate expression or dissent.

Visual Insights

Process of Imposing Section 144 CrPC

This flowchart illustrates the process by which Section 144 of the Criminal Procedure Code is imposed, from the initial assessment to the issuance and enforcement of the order.

  1. 1.Executive Magistrate receives information about potential disturbance of peace.
  2. 2.Magistrate assesses the situation and determines if there is sufficient ground for immediate action.
  3. 3.Magistrate issues a written order prohibiting assembly of four or more people, restricting movement, etc.
  4. 4.Order is communicated to the public through various means (e.g., public announcement, notices).
  5. 5.Violation of the order is a punishable offense under the Indian Penal Code.
  6. 6.Order remains in effect for a maximum of two months, extendable up to six months by the State Government.
  7. 7.Enforcement of the order by police and other authorities.
  8. 8.End

Related Concepts

Freedom of ReligionPublic OrderMaintenance of Public OrderFundamental Rights (Internet Shutdowns & Article 19)Sixth Schedule of the Constitution (Autonomous Districts)

Source Topic

UP Police Detains 12 for Offering Namaz Without Permission

Polity & Governance

UPSC Relevance

Critical for UPSC GS Paper 2 (Polity & Governance, Internal Security). Frequently asked in Prelims (factual details, duration, issuing authority) and Mains (application, impact on fundamental rights, law and order challenges).

On This Page

DefinitionHistorical BackgroundKey PointsVisual InsightsRelated ConceptsUPSC RelevanceSource Topic

Source Topic

UP Police Detains 12 for Offering Namaz Without PermissionPolity & Governance

Related Concepts

Freedom of ReligionPublic OrderMaintenance of Public OrderFundamental Rights (Internet Shutdowns & Article 19)Sixth Schedule of the Constitution (Autonomous Districts)