Section 144 of CrPC, Purpose, Curfew and its Legal Implications

Section 144 of CrPC 1973 allows an Executive Magistrate to issue orders to prevent assembly of four or more people in an area. Check here Supreme Court Judgments on Section 144.

Table of Contents

Context: The High Court questioned the Aam Aadmi Party (AAP) on its request to stage a protest in the national capital, despite an existing ban under Section 144 of the CrPC due to ongoing farmers’ protests.

About Section 144 of CrPC

What is it?: Section 144 of the Criminal Procedure Code (CrPC) 1973 allows an Executive Magistrate to issue orders to prevent the assembly of four or more people in an area.
Purpose:
- Prevention: Aimed at addressing urgent cases of nuisance or anticipated dangers that may disrupt public peace or cause harm to life and property.
- Prohibition: Primarily bans public gatherings to maintain peace and prevent potential unrest or riots.
Restrictions:
- Weapon Ban: Carrying weapons in the imposed area is prohibited, with violators facing detention.
- Movement and Assembly: Restricts public movement, closes educational institutions, and bans public meetings or rallies.
- Internet Access: Authorities may block internet access to control the situation.
Legal Implications
- Punishment: Violation of Section 144 can lead to a maximum of three years in prison.
- Punishable: Obstructing law enforcement in dispersing an unlawful assembly is punishable.
Duration
- Orders under Section 144 cannot exceed two months but can be extended by the state government for up to six months if necessary.
- The order can be lifted earlier if normalcy is restored.

Supreme Court Judgments on Section 144

Babulal Parate vs State of Maharashtra: The Supreme Court declined to invalidate the law, upholding its application.
Dr Ram Manohar Lohia Case (1967): The Court emphasised the importance of public order for democracy, supporting the continuation of Section 144.
Madhu Limaye Case (1970): Highlighted that the powers granted under Section 144 are judicial in nature and subject to further judicial review, affirming the section’s validity.
Constitutionality and Article 19(2): The Court has consistently affirmed that Section 144’s restrictions are justified under the “reasonable restrictions” clause of fundamental rights in Article 19(2) of the Indian Constitution.
Misuse is Not Sufficient Ground: Acknowledged the possibility of misuse of the law but stated that this is not sufficient grounds for its repeal.

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Difference Between Section 144 of CrPC and Curfew

Section 144: This provision limits the assembly of four or more people in a designated area.
- It’s a preventive measure to avoid potential unrest or violence without necessitating people to stay indoors.
- The restrictions under Section 144 are typically less severe than a curfew, allowing for some degree of movement and activity within the community, albeit with limitations on large gatherings.

Curfew: Imposes a more stringent restriction, requiring people to stay indoors during specified hours.
- During a curfew, there is usually a complete halt to public movement, and most activities, including the operation of businesses, markets, schools, and offices, are suspended.
- Essential services might be exempted, but often with restrictions and only after obtaining necessary permissions.
- Curfews are generally imposed in more severe situations where there is an imminent threat to public order or safety.