What all comes under Section 144?
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.
Where is Section 144 applied?
In general we can say Section 144 prohibits public gathering. In the past, Section 144 came to use when there was a need to implement certain restrictions in order to prevent the eruption of some protests or riots that can give way to unrest.
What does code 144 mean?
Central Government Act. Section 144 in The Code Of Criminal Procedure, 1973. 144. Power to issue order in urgent cases of nuisance of apprehended danger.
Who can apply section 144?
Section 144 of CrPC Empowers a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government to restrict a person or a certain number of people or people in general from certain acts in the interest of law and order or general well being of people.
Why is Section 144 important?
Section 144 of the Criminal Procedure Code (CrPC) of 1973 allows the Executive Magistrate of any state or territory may make an order to forbid the gathering of four or more people in a particular location.
What is the punishment of 144?
—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.
How do I file a 144 case?
(a) Order must be in writing – The words used under section 144 is “a written order” and therefore the order issued under this section must always be in writing. There must be a written order directed to the accused and duly promulgated before he can be prosecuted for disobedience of the order.
Can Section 144 be challenged?
The sub-section enjoins that an order passed under Section 144 by any Magistrate can be rescinded or altered by himself or any Magistrate superior to him.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.
What is the Section 144 of CPC?
The court under Section 144 can make any orders as a consequence of a decree or order being varied, reversed, modified, set aside for the refund of costs and for payment of interest, damages, compensation, and mesne profit.
Is IPC 144 bailable?
IPC 144 is a Bailable offence.