Keith Mack
Section 144 of the Criminal Procedure Code (CrPC) of 1973 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. This law is often used to maintain law and order or curtail violence, and can be imposed for up to six months. Section 144 has been used in the past to impose restrictions during COVID-19, and to restrict Hindu religious gatherings.
| Characteristics | Values |
|---|---|
| Name | Section 144 of the Criminal Procedure Code (CrPC) |
| Year | 1973 |
| Purpose | To maintain peace and order in areas where trouble could erupt and disrupt regular life |
| Authority | District Magistrate or Executive Magistrate of any state or territory |
| Applicability | Individuals, people in a particular place or area, or the general public in a particular place or area |
| Duration | Up to two months, extendable up to six months |
| Actions | Prohibits public gatherings, restricts movement, carrying arms, and unlawful assembly |
| Offence | Obstructing law enforcement agencies from disbanding an unlawful assembly |
| Use Cases | Curbing the spread of coronavirus, maintaining law and order, curtailing violence, and restricting religious gatherings |
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What You'll Learn
Section 144 prohibits public gatherings
Section 144 of the Criminal Procedure Code (CrPC) of 1973 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. It is generally understood that an assembly of three or more people is prohibited under Section 144. This law empowers the magistrate of any state or union territory in India to pass an order prohibiting the gathering of four or more people in a specified area.
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 is usually invoked in situations where there is an imminent threat to public safety or a likelihood of a breach of peace. This could include instances of communal tensions, political rallies turning violent, protests spiralling out of control, natural disasters, or public health emergencies such as the outbreak of contagious diseases.
Section 144 has been used in the past to curb the spread of the coronavirus in India. For example, the Maharashtra government imposed Section 144 in the entire state, leading to subdued New Year's Eve celebrations. The district administration in Hathras also banned the entry of all 'outsiders', including media persons, by imposing Section 144 in the area. Similarly, the Mumbai Police imposed Section 144 in the city to control the rising number of Covid-19 cases.
Section 144 has also been used to restrict religious gatherings. For instance, the administration of Uttarakhand's Haridwar district imposed prohibitory orders under Section 144 in an area within 5 km of a village called Dada Jalalpur near Roorkee. This order was passed after the Supreme Court instructed the Uttarakhand government to prevent any "untoward situation" or "unacceptable statements" during a mahapanchayat planned by Hindu religious leaders in the village.
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It falls under the Code of Criminal Procedure (CrPC)
Section 144 of the Code of Criminal Procedure (CrPC) was enacted in 1973. It is a ruling that prohibits public gatherings in a given jurisdiction. This constitutional provision empowers district magistrates or executive magistrates of any state or union territory in India to pass an order prohibiting the assembly of four or more people in a specified area. The law states that 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 is generally understood that an assembly of three or more people is prohibited under Section 144. The restrictions under this section are usually imposed in the form of restrictions on movement, carrying arms, and assembly. The restrictions may also include a ban on drones, microlights, hot air balloons, hand gliders, and paramotors.
Orders passed under Section 144 remain in force for two months, unless the state government considers it necessary to extend it. However, the total period for which the order is in force cannot be more than six months. In the areas where Section 144 is in force, it is deemed a punishable offence to obstruct law enforcement agencies from disbanding an unlawful assembly. Section 144 also empowers the authorities to stop internet access in the region if needed.
The ultimate purpose of Section 144 is to maintain peace and order in areas where trouble could erupt and disrupt regular life. This section has been used in the past to maintain law and order or curtail violence, particularly during the COVID-19 pandemic.
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It can be used to stop internet access
Section 144 of the Criminal Procedure Code (CrPC) of 1973 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. It is generally understood that an assembly of three or more people is prohibited under Section 144. The law states that every member of such an 'unlawful assembly' can be booked for engaging in rioting.
Section 144 has been used in the past to impose restrictions on public gatherings and has been put in place in several metro cities for safe New Year's Eve celebrations. It was also imposed in the entire state of Maharashtra by the state government in an attempt to curb the spread of coronavirus.
Section 144 has also been used in conjunction with internet shutdowns. The use of Section 144 to suspend mobile internet was challenged in the Gujarat High Court in 2015, but the court upheld the power of the magistrate to issue such orders. In 2019, the government used the broad powers under Section 144 to suspend the internet in Kashmir, citing communal tensions.
The use of Section 144 to restrict internet access has been criticised as a violation of free speech and expression. Civil society activists have argued that internet shutdowns are an excessive and arbitrary use of the powers granted to the state government under Section 144. The court has stated that internet shutdowns cannot be arbitrary and can be challenged in court, but it has stopped short of ruling that access to the internet is a fundamental right.
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It can be passed to restrict a single individual
Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises an executive magistrate to issue an order prohibiting the assembly of four or more people in an area. It is generally understood that an assembly of three or more people is prohibited under Section 144. When aimed at restricting a single individual, the order is passed if the magistrate believes it will prevent obstruction, annoyance, or injury to any lawfully employed person, or a danger to human life, health, safety, public tranquility, or a riot.
Section 144 is imposed in urgent cases of nuisance or apprehended danger, where there is potential trouble or damage to human life or property. It places restrictions on handling or transporting weapons in the given jurisdiction, with a maximum punishment of three years. The order prohibits public movement, and all educational institutions must remain closed.
The law has been criticised for giving magistrates absolute power, which may be exercised unjustifiably. The first remedy against the order is a revision application to the same officer who issued the order. An aggrieved individual can also approach the High Court by filing a writ petition if their fundamental rights are at stake.
In 2012, the Supreme Court criticised the government for using Section 144 against a sleeping crowd, stating that it should only be used in grave circumstances to maintain public peace and prevent some harmful occurrence. The court held that it cannot be used to restrict citizens' fundamental right to assemble peacefully or to prevent the legitimate expression of opinion or grievance.
Section 144 has been imposed in various parts of India, including Roorkee, New Delhi, Mumbai, and Hathras, to restrict gatherings and curb the spread of COVID-19. It has also been used to maintain public order during protests and religious gatherings.
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It can be used to prevent religious gatherings
Section 144 of the Criminal Procedure Code (CrPC) of 1973 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. The law states that every member of such an 'unlawful assembly' can be booked for engaging in rioting.
Section 144 is generally 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 is usually invoked in situations where there is an imminent threat to public safety or a likelihood of a breach of peace. This could include instances of communal tensions, political rallies turning violent, protests spiralling out of control, natural disasters, or public health emergencies such as the outbreak of contagious diseases.
The Supreme Court of India has also upheld the use of Section 144 to prevent "unacceptable statements" during gatherings. In 2022, the Uttarakhand government was instructed to ensure that there were no "unacceptable statements" during a mahapanchayat that had been planned by Hindu religious leaders in the village of Dada Jalalpur. Incendiary speeches against Muslims had been made by Hindu religious leaders at such gatherings previously.
Section 144 has been used multiple times to prevent religious gatherings. In 2022, the administration of Uttarakhand's Haridwar district imposed prohibitory orders under Section 144 in an area up to 5 km around the village of Dada Jalalpur. In another instance, the Mumbai Police imposed Section 144 to prevent mass gatherings due to an increase in Covid-19 cases in the city. This included restrictions on New Year's celebrations and gatherings in any closed or open location, such as restaurants, hotels, pubs, and clubs.
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Frequently asked questions
Section 144 of the Criminal Procedure Code (CrPC) of 1973 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.
Section 144 gives authorities the power to enforce restrictions on people's movements, carrying arms, and unlawful assembly. It also allows them to stop internet access in the region.
Section 144 can be imposed in urgent cases of nuisance or apprehended danger, such as a threat to public safety or peace, or to control a riot or disturbance in law and order.
A Section 144 order remains in force for up to two months, unless extended by the state government for a maximum period of six months.
