Curfew rules

Akshay (Advocate) 26 March 2020

Hi

Thank you for your question

Curfew- A regulation requiring people to remain indoors between specified hours and any government who said curfew has imposed because by stepping outside is dangerous, I know You are talking about the deadly virus and government steps has been taken to protect you and themselves to not get infected with this deadly virus of which we do not have any vaccine to cure us.

Agree no one has right to beat you, if you want to file a suit you can but think if anyone got infected in the surrounding then whole community will get infected , then whole state, whole country .

Hope this will help you

Best regards,

Akshay Gupta

Raghav Arora 26 March 2020

Akshay Sir, do we have any legal provisions on this? If the persn stepping out gets violent can force be applied to him by the police?

Sakthivelu Ramanujam 26 March 2020

Curfew can be imposed on various situations. Riots , social distress etc..At this juncture government imposed curfew on basis of epidemic disease act to avoid social gathering, overcrowding in order to prevent spread of the disease..Police personnel should act wisely in this situation and they should not act simply swinging their latties according to their whims and fancies..It is not a riot curfew where they can use minimum force. They should act diligently by analysing whether they are old persons of family members coming out to buy essentials,or health professionals going for their jobs.. they can warn the immature youngsters from roaming but yet they cant hit them . They can arrest them for violation. No body has right to hit anybody according to our law.

DIB Angul 27 March 2020

what is the difference between curfew and imposition of Sec 144 Cr.P.C.

G.L.N. Prasad (Retired employee.) 27 March 2020

Curfew is a complete block out.

Sec.144, people are not allowed to move in groups of more than 4.

Both the above services for different purposes and may serve for same purpose like present specific COVID 19 where social distancing is also required.

A lawbreaker can not demand justice and those who approach the court must approach with clean hands.

Prevention is always better than cure, and some instances may be unfortunate and forgetting them immediately gives more relief than protracting them to years and losing of mental peace on ego issues.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 March 2020

The Epidemic Diseases Act, 1897, which is currently enforced in India, lays down punishment as per Section 188 of the IPC for flouting such orders

T. Kalaiselvan, Advocate (Advocate) 27 March 2020

Curfews are government policies that order certain persons — or all persons — to be off the streets by a certain time, usually in the evening, and to remain off the streets until the curfew is lifted, usually in the morning

T. Kalaiselvan, Advocate (Advocate) 27 March 2020

The present curfew has been imposed to contain the spread of the outbreak of the deadly pandemic COVID-19 with conditions of legal action under section 188 IPC.

Section 188 in The Indian Penal Code

188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

Thus the police are empowered to take action as per the above provision of law, but they cannot take law into their hands to beat the public seen loitering on roads during curfew.

T. Kalaiselvan, Advocate (Advocate) 27 March 2020

COVID-19 cases are rising all over the world and India is not left behind. On 24 March 2020, in India cases of COVID-19 rises 492 and 9 deaths are reported. Therefore, to counter the situation Section 144 of the CrPC is imposed in several districts of the states including Maharashtra, Rajasthan, Andhra Pradesh, Tamil Nadu, etc.

Police brutality or police violence is legally defined as a civil rights violation wherein officers exercise undue or excessive force against a civilian. This includes, but is not limited to, physical or verbal harassment, physical or mental injury, property damage, and death.

On January 23, 2017, a pro-jallikattu silent protest in Tamil Nadu turned violent. The National Human Rights Commission took note of reports that police used violent methods, including beatings and the damaging of private property, without prior warnings, to disperse of the protesters in Chennai. There were widespread social media reports of police setting vehicles on fire.

The Lathi Charge is very well known in India as an excessive use of force done by police during mass protests or riots. Corrupt police officers have also raped or molested rape victims and have carried out encounter killings.

A complaint with human rights commisison on such excesses can be made.

Sakthivelu Ramanujam 27 March 2020

well said mr. kalaiselvan

Dr J C Vashista (Advocate) 28 March 2020

Imposing of cerfew order by law enforcing authority is putting restrictions on the movement of individual citizen(s) due to one or the other problem, which can be controlled with the only way to restrain their movement(s). .

In order to control unnecessary roaming in public it is necessary to use coercive method/ use of lathi.

N.K.Assumi (Advocate) 28 March 2020

As stated by Rama Chary Rachakonda, this Epidemic Disease Act 1897 has to be read with Section 3 (2) (c) of the Essential Commodoties Act 1955 read with Section 30 of the Duisaster Management Act 2005.The present social distancing is based in public interest only.