Daily News Analysis

Section 144

7th September, 2021 Polity

Context:

  • Government has issued prohibitory orders under Section 144of the CrPC in Karnal, which prohibits the assembly of five or more people.

About Section 144:

  • The Section 144 of the Criminal Procedure Code (CrPC) basically prohibits assembly of five or more people in an area where it has been imposed.
  • According to the law, those who are found to be a part of such "unlawful assembly" can be booked for "engaging in rioting". The maximum punishment for such act is three years.
  • Also, note that any action preventing police from breaking up an unlawful assembly is subjected to punishable offence as well.

Figure 3:  No Copyright Infringement intended

Difference Between Curfew and Section 144:

  • the Section 144 is prohibitory in nature restricting people from public gathering.  However, it doesn't bar gathering all together.
  • A curfew, on the other hand, forces people to stay indoors for a specific period of time. In such a case when authorities impose curfew for a certain period of time, the element of time remains crucial.

Restriction under Section 144:

  • It does not allow gathering of over five people, so avoid meeting in groups.
  • In the time of pandemic, offices, godowns and factories and other commercial establishments had remained closed.
  • Also, private vehicles were prohibited since borders across the state were sealed besides that public transport including state transport buses, metro also remained shut.  However, ATMs, Telecom, internet, cable services remained open while electricity, water and municipal services were also kept open.