What is Section 144 according to law?
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. According to the law, every member of such ‘unlawful assembly’ can be booked for engaging in rioting.
What is the punishment for Section 144 CrPC?
—Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
When can power under Section 144 CrPC be invoked?
In brief, Section 144 confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable.
Who can promulgate 144 CrPC order?
The sub-section enjoins that an order passed under Section 144 by any Magistrate can be rescinded or altered by himself or any Magistrate superior to him. Thus, a District Magistrate can rescind or alter any order passed under Section 144 by a Magistrate sub-ordinate to him.
How do you stop construction on disputed land?
Sec144 crpc will be not applicable in a deweeling house but once you have appeared before the court, you should have to file your written statement/ show cause mentioning entire grounds with respective proof before the court to revoke the sec144 against you on your disputed land/house.
Who can enforce Section 144?
Who has the power to impose section 144? Section 144 CrPc, 1973 gives power to a sub – divisional magistrate, district magistrate or any executive magistrate on behalf of the State Government to issue an order towards the general public or an individual in a particular place.
What is the purpose of invoking Section 144 CrPC in a region?
Section 144 of the Code of Criminal Procedure or CrPC can be used to prevent and address urgent cases of nuisance or apprehended danger.
Who can implement section 144?
Section 144 CrPc, 1973 gives power to a sub – divisional magistrate, district magistrate or any executive magistrate on behalf of the State Government to issue an order towards the general public or an individual in a particular place.
Can SDM impose section 144?
Section 144 of Criminal Procedure Code, 1973 gives power to a District Magistrate, a Sub – Divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an order to an individual or the general public in a particular place or area to abstain from a certain act or to take certain …
How many CrPC are there in India?
The sections are divided into 46 chapters….Code of Criminal Procedure (India)
| Criminal Procedure Code, 1973 | |
|---|---|
| Citation | The Code of Criminal Procedure, 1973 |
| Territorial extent | India |
| Assented to | 25 January 1974 |
| Commenced | 1 April 1974 |
Is CPC and CrPC same?
IPC deals with crimes and punishments; CrPC tells about the criminal trial procedure and cpc covers the procedure for civil suits, family disputes etc.
What is Section 144 of CrPC?
CrPC Section 144 – Power to issue order in urgent cases of nuisance or apprehended danger | Devgan.in Cr.P.C 144, Power to issue order in urgent cases of nuisance or apprehended danger, from the Code of Criminal Procedure, by Advocate Raman Devgan
What is Section 144 of the Code of Criminal Procedure 1973?
Section 144 in The Code Of Criminal Procedure, 1973 144. Power to issue order in urgent cases of nuisance of apprehended danger.
What is Section 144 and how long does it last?
Section 144 also empowers the authorities to block the internet access. Duration of Section 144 order: No order under Section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. It can be withdrawn at any point of time if situation becomes normal.
What is the test of proportionality under Section 144?
Hence, the orders under Section 144 have to meet the test of “reasonable restrictions” as per Article 19. To ascertain whether a restriction on liberties guaranteed under Article 19 is reasonable or not, the Supreme Court has developed the “test of proportionality”.