Section 144 Criminal Procedure Code
1 in cases where in the opinion of a district magistrate a sub divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable such magistrate may by a written order stating the material.
Section 144 criminal procedure code. 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. Power to issue order in urgent cases of nuisance of apprehended danger. 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.
In the backdrop of invocation of section 144 of criminal procedure code crpc in many parts of the country amid protest this article highlights that this provision of criminal law is a legacy of british which we continue to practice even in modern times. According to the law every member of such unlawful assembly can be booked for engaging in rioting. Section 144 in the code of criminal procedure 1973.
This is perhaps reflected best in the vibrant and unfettered invocation of section 144 in the criminal procedure code 1973 cr p c which confers upon executive officers such as executive. According to the law every member of such unlawful assembly can be booked for engaging in rioting. The british raj used section 144 for the first time in 1861.
Section 144 of the criminal procedure code crpc of 1973 is a colonial era law that empowers the executive magistrate to issue orders to prevent and address the urgent cases of apprehended danger or nuisance. Section 144 of the criminal procedure code 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.