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Legopedia

Section 144 IPC The Code of Criminal Procedure

144 IPC

The Code of Criminal Procedure (CrPC ) is the principal enactment on the procedure for administration of substantive criminal law in India. It was established in 1973 and came into power on 1 April 1974.

It gives the machinery to the examination of crime, apprehension of suspected criminals, gathering of evidence, assurance of guilt or innocence of the accused individual and the determination of punishment of the guilty. Furthermore, it additionally deals with open public nuisance, prevention of offences and maintenance of wife, child, and parents.

What is Section 144 IPC

Section 144 of the Criminal Code Procedure states the power to issue an order in dire instances of nuisance or apprehended risk.

As indicated by 141-149 of the Indian Penal Code (IPC), the maximum punishment for engaging for taking part in rioting is rigorous imprisonment for 3 years or/and fine. Each individual from an unlawful assembly can be considered responsible for wrongdoing committed by the group. Blocking an officer attempting to disperse an unlawful gathering may pull in further punishment.

In about 1861, Officer Raj-Ratna E.F. Deboo IPS were the creator and draftsman of section 144, which lessened by and large crime in that time in the state of Baroda. He was perceived for his drive and granted a gold medal by the Maharaja Gaekwad of Baroda for setting up Section 144 and lessening by and large crime rate.

The section was imposed for the first time in 1861 by the British Raj, and thereafter turned into a critical instrument to stop every single nationalist protest amid the Indian freedom movement, and its utilization in independent India stays controversial as not much has changed. Usually used to avert freedom of expression by quiet protests or demonstrations, even the law does not utilize the terms, however, it mentions "riot". Section 144 applies amid mobs and election continuing after the announcement of the election.

144 Section Rules and Conditions

(1) In situations where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or some other Executive Magistrate exceptionally enabled by the State Government for this sake, there is adequate ground for continuing under this section and prompt prevention or speedy remedy is alluring, such Magistrate may, by a written order expressing the material facts of the case and served in the way given by section 134, guide any individual to abstain from a specific act or to take certain order concerning certain property in his ownership or under his management, if such Magistrate thinks about that such course is probably going to prevent, or will in general avert, deterrent, inconvenience or damage to any individual lawfully employed, or threat to human life, health or security, or disturbance of public peacefulness, or an uproar, or an affray.

(2) An order under this section may, in instances of crisis or in situations where the conditions don't concede to the serving in due time of a notice upon the individual against whom the order is coordinated, be passed ex parte.

(3) An order under this section might be coordinated to a specific individual, or to people dwelling in a specific place or area, or to the general population by and large when frequenting or visiting a specific place or area.

(4) No order under this section will stay in power for over two months from the creation thereof: Provided that, if the State Government thinks so to improve the situation preventing peril to human life, health or security or for keeping an uproar or any affray, it might, by notification, coordinate that an order made by a Magistrate under this section will stay in force for such further period not surpassing a half year from the date on which the order made by the Magistrate would have, yet for such order, lapsed, as it might determine in the said notification.

(5) Any Magistrate may, either on his own or on the use of any individual aggrieved, repeal or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.

(6) The State Government may, either on its own or on the use of any individual aggrieved, repeal or change any order made by it under the stipulation to subsection (4).

(7) Where an application under subsection (5) or subsection (6) is received, the Magistrate, or the State Government, by and large, will bear to the applicant an early chance of showing up before him or it, either face to face or by pleader and indicating cause against the order; and if the Magistrate or the State Government, all things considered, rejects the application completely or to a limited extent, he or it will record in writing the reasons behind so doing.

Who enforces Section 144 IPC

The orders for Imposing section 144 have been given to Executive Magistrate when there is a crisis situation.

Limitations enforced when Sec 144 IPC is imposed

  • The urgency of the circumstance and the power is to be utilized for keeping up public harmony and peace.
  • Private rights might be temporarily superseded when there is a contention between public interest and private rights
  • Questions of title to properties or entitlements to rights or disputes of civil nature are not open for adjudication in a procedure under section 144 of Criminal Procedure Code.

How the requests of Sec 144 should be passed?

It must be in written form. Prior to enforcing Section 144, Executive Magistrate needs to guarantee whether there is a need to enforce section 144. For this, he/she have to request material facts.

Duration of Order

  • Section 144 would be valid just for a time of two months.
  • The state government can expand the validity for two months and maximum up to a half year.
  • It can be withdrawn any time of time if the circumstance turns normal.

Section 144 IPC at Kerala

The Pathanamthitta district authority in Kerala has forced Section 144 of the CrPC in Sabarimala and close-by regions ahead of the Chithira Avittom Pooja. The hill shrine in Sabarimala was opened for devotees on November 5 and 6. Prohibitory orders will be set up until November 26.
In the wake of violent protest amid the last monthly pooja, the state police have likewise chosen to increase deployment of forces in Sabarimala area.
Then again, state police keep on taking action against protesters in Pamba and Nilakkal. As per the most recent data, 3,701 individuals have been captured in 543 cases by the police.

At the point when the temple was opened for devotees, at least five ladies attempted to visit the main place of worship. In any case, owing to huge protests at the temple and the police's failure to give adequate security, the ladies couldn't enter the shrine.

In conclusion, the article aimed at discovering all the aspects of Section 144 of the CrPC. This Section can be misused at times for political gains and can restrain the freedom of movement of people. Therefore, this section before being imposed should be deliberated upon and if imposed, it should be done with the utmost care and precision.

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by mimansa pujari

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