PROVISION OF THE DAY: Section 144 of Code of Criminal Procedure 1973
Section 144 of the code of criminal procedure 1973, gives power to the district magistrate, a sub-divisional or any other executive magistrate on the behalf of the state government to issue an order to an individual or to the general public in a particular place or an area to impose restrictions on the personal liberties of individuals and to issue an order absolute at once in urgent cases.
As per Section 3 of the Domestic Violence Act,2005 the term Domestic Violence means-
Section 144 is only applicable to the situations which are likely to cause -:
- Obstruction, annoyance or injury to any person who’s lawfully employed.
- Danger to human life, health or safety.
- Disturbance of the public tranquility, or a riot or affray.
Against whom can domestic violence be filed?
Section 144 can only be invoked when the threat is immediate and the restrictions are very much necessary to prevent the immediate threat. Such orders can only be issued for 2 months and the state government can extend its validity maximum up-to 6 months and powers are supposed to be used only in the cases of emergency and only when a quick response is required.When section 144 is imposed it restricts the public gathering of five or more people, it restricts the movement of public, restricts carrying any sort of weapon in that particular area where the section is imposed, all educational institutes are closed, restricts holding any kind of public meetings or rallies. The section 144 can be withdrawn anytime if the situation becomes usual. When any person goes against the section imposed then the person can go up-to the punishment of three years imprisonment and/or fine. The order must be in writing and such be specific and definite in terms, it must contain materialistic facts and should clearly mention about the prohibition.Section 144 of Code of Criminal Procedure 1973 was enacted in year 1973. It grants the executive magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in a specific area. It gives power to the district magistrate,a sub-divisional or any other executive magistrate on the behalf of the state government to issue an order to an individual or to the general public in a particular place or an area to impose restrictions on the personal liberties of individuals and to issue an order absolute at once in urgent cases. It is imposed to prevent protests that can lead to riots and cause trouble or damage to human life or property. This section deals with the emergent situations and in urgent cases of nuisance and apprehended danger. Section 144 is generally imposed when magistrate considers that imposing such order would prevent or tend to obstruct annoyance or injury to any person who’s lawfully employed or danger to human life,health,safety or disturbance of the public tranquility or a riot or protest. No order can remain be in force for more than two months from the date of the order issued unless and until the state government considers it necessary. It can be withdrawn anytime if the situation becomes normal. But the total period cannot extend to more than 6 months. This section includes restrictions upon the movement,carrying arms and form unlawful assemblies. All the establishments like schools, colleges, workplaces should be completely shut down. It also empowers the authorities to block the internet access.
PARTICULARS OF ORDER
- Order must be written.
- Order can be issued without any evidence.
- Order must be specific.
- Order must contain materialistic facts.
- Order must clearly state what is prohibited.
GROUNDS FOR THE APPLICATION OF SECTION 144.
INDIGNATION
Indignation can be of any type either it can be physical or mental. There must be danger to life or health or affray or riot or breach of peace. This section should not be abused by using it for dealing with abusive articles or defamatory statements as they do not lead to breach of peace.
INJURY TO HUMAN LIFE
The magistrate is in no position to impose section 144 merely for the protection of property.The magistrate can only the jurisdiction related to the cases where there’s a risk to human life or safety.
DISTURBANCE OF PUBLIC TRANQUILITY
This section is imposed merely on the assumptions and must be made after establishing a connection of cause and effect between the act which is being prohibited and also the disturbance to public peace and harmony.
CASES
1. Radhe Das v. Jairam Mahto
This cases was related to the dispute of a property and the petitioners asked for the restrictions on the respondent to enter the property and so was granted by the magistrate and in the response of this action the respondent said that their right over a property was being violated by this action of the court. The court held that “if the situation demands any action, then for the prevention of public peace and harmony the individual rights of a person can absolutely be renounced for the greater benefit of the society at large.”
2. Acharya Jagdisharanand avadhut v. Police commissioner
This case involved the order which was imposed by the magistrate for two months and then after every two months the commissioner used to issue the same order. And in this case the repetition of such order was challenged and the court held “ the parliament never intended the life of an order under section 144 of the code to remain in force beyond two months and the magistrate doesn’t hold the power to contemplate repetitive orders and if such orders are made it would clearly result into the abuse of powers so conferred.”
CONCLUSION
Section 144 is an efficient tool to deal with the emergencies which can be seen after looking at the history and it is the best tool to address the problem of foreseen riots and violence. However, if the executive powers are used with some specific objectives then the powers are abused and misused that is why it is very much important for the administrations to be accountable for their actions and there are various shackles on the actions of the administration’s so as to prevent any unfairness, vagueness and arbitrariness in the order.
