Section 144 of CrPC

Former Chief Justice of India U.U. Lalit stated that conferring drastic powers upon the executive or the police through Section 144 of the Code of Criminal Procedure (CrPC) is not acceptable in a nation governed by the rule of law.

• The CJI made the comment while speaking at the launch event of a report titled ‘The Use and Misuse of Section 144 CrPC’.

Key-highlights of the Report

• The report states that prohibitory orders were issued over 6,100 times in the national capital in 2021.
• In some cases, Section 144 was used to regulate the sale of balms or cough syrups, which are often used as drugs
• The report categorises the prohibitory orders into four broad themes, including establishing CCTV surveillance and regulating businesses.
• Section 144 is an emergency provision to prevent rioting, and maintain tranquillity and peace. But as per this report, the State uses it to snoop on regular life.

• Section 144 of CrPC is meant for emergency situations.
• It empowers a district magistrate, a sub-divisional magistrate, or any other executive magistrate empowered by the state government, to issue orders to prevent and address urgent cases of apprehended danger or nuisance.
• The written order by the officer may be directed against an individual or individuals residing in a particular area, or to the public at large.
• In urgent cases, the magistrate can pass the order without giving prior notice to the individual targeted in the order.

Powers under the Provision

• The provision allows the magistrate to direct any person to abstain from a certain act, or to pass an order with respect to a certain property in the possession or under the management of that person.
• This usually means restrictions on movement, carrying arms, and unlawful assembly. It is generally understood that an assembly of three or more people is prohibited under Section 144.
• When aimed at restricting a single individual, the order is passed if the magistrate believes it is likely to prevent obstruction, annoyance or injury to any lawfully employed person, or a danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, etc.
• Time limit: Orders passed under Section 144 remain in force for two months, unless the state government considers it necessary to extend it. But in any case, the total period for which the order is in force cannot be more than six months.

Issues with section 144 of Crpc

• The criticism is that it is too broad and the words of the section are wide enoughto give absolute power to a magistrate that may be exercised unjustifiably.
• The immediate remedyagainst such an order is a revision application to the magistrate himself.
• An aggrieved individual can approach the High Courtby filing a writ petition if his fundamental rights are at stake. However, fears exist that before the High Court intervenes, the rights could already have been infringed.