Daily Current affairs : 13-July-2023
Section 144 of the Criminal Procedure Code (CrPC) is a colonial-era law that empowers designated magistrates to issue orders aimed at preventing and addressing potential dangers or nuisances in specific areas. The law grants extensive powers to the magistrates, allowing them to impose restrictions on individuals’ movements, possession of arms, and unlawful assemblies, among other things. This essay delves into the scope of Section 144, examining its powers of administration and exploring some of the criticisms raised against its implementation.
Section 144 Explained:
Section 144 CrPC vests special powers in district magistrates, sub-divisional magistrates, or other executive magistrates appointed by the state government. The law enables them to issue written orders to:
- Prevent specific individuals from engaging in certain activities.
- Restrict persons residing in a particular area or place.
- Regulate the public generally when frequenting or visiting a specific location.
The magistrate can exercise this authority in urgent cases without prior notice to the individual concerned. This provision ensures immediate action to address apprehended dangers or nuisances.
Powers of Administration under Section 144:
The magistrates possess the authority to direct individuals to refrain from certain acts or take specific measures concerning property under their management or possession. The powers of administration typically include:
- Restrictions on movement to maintain public order and security.
- Prohibition of carrying arms to prevent potential violence.
- Dissuading unlawful assemblies to mitigate any possible unrest.
It is commonly believed that Section 144 prohibits the assembly of three or more people, but it can also be used to restrict even a single individual, depending on the circumstances.
Duration of Section 144 Orders:
No order passed under Section 144 can remain in effect for more than two months from the date of its issuance, unless the state government deems it necessary. Even if the situation requires an extension, the total period cannot exceed six months.
Criticism of Section 144:
While Section 144 aims to maintain law and order, it has faced criticism on several fronts:
- Excessive Power Given to Magistrates: One of the main concerns raised against Section 144 is the vast authority it bestows upon magistrates. The law allows them to exercise absolute power, leading to potential abuse and unjustified imposition of orders.
- Limited Remedies for Violation of Rights: In case an individual’s rights are violated due to Section 144 orders, the remedies available are limited. The initial remedy is a revision application filed to the same officer who issued the order, which may not guarantee impartiality. Although an aggrieved person can file a writ petition in the High Court, this process can be time-consuming, resulting in rights violations before the court intervenes.
- Unjustifiable Imposition Over Large Areas: Another criticism is related to the blanket imposition of prohibitory orders over vast regions. Critics argue that security situations differ from place to place, and a one-size-fits-all approach may not be appropriate. For example, during protests against the Citizenship (Amendment) Bill, imposing Section 144 throughout the entire Uttar Pradesh was seen as unjustified and disproportionate.
Important Points:
- Section 144 of the Criminal Procedure Code (CrPC) is a colonial-era law.
- It empowers designated magistrates to issue orders to prevent and address urgent cases of danger or nuisance.
- The orders can be directed against individuals, groups in specific areas, or the public at large.
- Magistrates can pass emergency orders without prior notice to individuals.
- Powers of administration under Section 144 include restrictions on movement, carrying arms, and disallowing unlawful assemblies.
- The law is believed to prohibit the assembly of three or more people but can also restrict a single individual.
- Section 144 orders cannot remain in force for more than two months, with a maximum extension of six months if deemed necessary by the state government.
Criticism of Section 144:
- Concerns about excessive power given to magistrates, potentially leading to abuse.
- Limited remedies for individuals whose rights are violated by Section 144 orders.
- Unjustifiable imposition over large areas, with a one-size-fits-all approach.
MCQs about Section 144 of CrPC
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What is the maximum duration for which a Section 144 order can remain in force?
A. Two weeks
B. Two months
C. One year
D. Indefinitely
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What is one of the main criticisms raised against Section 144?
A. Limited powers given to magistrates.
B. Too much power given to the public.
C. Imposition of prohibitory orders in specific areas.
D. Excessive power given to magistrates, leading to potential abuse.
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What remedies are available to individuals if their rights are violated by Section 144 orders?
A. Filing a revision application to the High Court.
B. Filing a writ petition to the same officer who issued the order.
C. Seeking compensation from the state government.
D. No remedies are available.
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