Dr J C Vashista (Advocate) 24 March 2020
What is the opinion / advise of your tutor ?
It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ circumstances/ documents, professional guidance and necessary proceeding if there is some truth in your question.
Shaktika Malhotra 24 March 2020
Akshay (Advocate) 24 March 2020
Hi
Thank you for your question
Section 144 CrPC 1973- Power to issue order in urgent cases of nuisance of apprehended danger.
This section under Crpc talks about the Prohibited order, here executive Magistrate having the power to prohibit those things which is danger for Public Peace and tranquility or riot,or any such activity which disturb the law and order.
Who can proclaim order under this section
1. District Magistrate,
2. Sub-divisional Magistrate or
3. Any other Executive Magistrate specially empowered by the state Government in this behalf,
Section 144(3) CrPC
An order under this section may be directed to a particular individual, or to persons residing in a particular or area, or to the public generally when frequenting or visiting a particular place or area.
Section 144(4)CrPC
No order under this se tion shall remain in force for more than 2 months from the making thereof:
Important provsions:
Provided that, if the State Government considers it necesary so to do so for preventing danger to human life, health or safety or for preventing a riot or any affray,
It may, by notification , direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding 6 months from the date on which the order made by the Magistrate would have.
Hope this will help you
Best regards,
Akshay Gupta
T. Kalaiselvan, Advocate (Advocate) 24 March 2020
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.
T. Kalaiselvan, Advocate (Advocate) 24 March 2020
Section 144 of CrPC generally prohibits public gathering. And on the other hand, curfew, orders people to stay indoors for a specific time. Therefore, the officials can impose curfew for a certain time. ... However, the authorities can extend the period of curfew if required
T. Kalaiselvan, Advocate (Advocate) 24 March 2020
Covid-19 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. Let us have a look in detail about Section 144 of the CrPC.
Section 144 of Criminal Procedure Code (CrPC) imposes power to executive magistrate to restrict particular or a group of persons residing in a particular area while visiting a certain place or area. This is the need in our time of COVID-19 crisis.
T. Kalaiselvan, Advocate (Advocate) 24 March 2020
The outbreak of novel coronavirus aka COVID-19 was the reason for such threat to human life perceived by the Magistrate. This order created confusion among the general public who assumed this to be an imposition of Section 144 of Indian Penal Code (IPC) pertaining to Unlawful Assembly.
The same was later clarified by the Mumbai Police that the order was specific in nature, applicable to ‘Tour Operators’ and not the public in general. This was done so that travel groups comprising domestic or foreign nationals in the area may be curtailed. The question that now lingers around is whether the imposition of Section 144 is the need of the hour amid this crisis.
We must know that Section 144 is there to dispose of urgent cases of nuisance or apprehended danger by a competent magistrate so empowered to take such action. Although in India the number of reported cases is still low compared to other nations across the globe, one cannot ignore the harm already caused by the coronavirus due to its quick growth rate and the potential to further aggravate the situation.
Free Legal Help India 25 March 2020
Prateek Sharma 28 March 2020