MAINTENANCE OF PUBLIC ORDER under CrPC
SECTIONS 142 – 144
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams
CODE OF CRIMINAL PROCEDURE EXPLAINED
The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
CODE OF CRIMINAL PROCEDURE
Section 142
- If a Magistrate making an order u/s 133 considers
- that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public
- he may issue such an injunction
- to the person against whom the order was made
- as is required to obviate or prevent such danger or injury pending the determination of the matter
- In default of such person forthwith obeying such injunction:
- the Magistrate
- may himself use or cause to be used such means
- as he thinks fit to obviate such danger or to prevent such injury
- the Magistrate
- No suit shall lie in respect of anything done in good faith
- by a Magistrate under this section
Section 143
- A DM, SDM or empowered Executive Magistrate
- may order any person not to repeat or continue a public nuisance
- as defined in IPC or any special or local law
DLA NOTE
definition of public nuisance in IPC:
Section 268
- A person is guilty of a public nuisance
- who does any act or is guilty of an illegal omission..
(1)
- which causes
- a common injury, danger or annoyance to public or to people in general who dwell in the vicinity or
(2)
- which must necessarily cause
- injury, obstruction, danger or annoyance to persons who may use any public right
Urgent cases of nuisance or apprehended danger — Section 144 (1)
- Where immediate prevention or speedy remedy is desirable
- in the opinion of a District Magistrate, SDM or empowered Executive Magistrate
- such Magistrate may direct any person
- to abstain from a certain act or to take certain order with respect to property in his possession
- by a written order stating material facts of the case
- if such Magistrate considers
- that such direction is likely to prevent
- obstruction, annoyance or injury to any person lawfully employed or
- danger to human life, health or safety or
- a disturbance of public tranquillity or a riot or an affray
- that such direction is likely to prevent
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Section 144 (2)
- An order under this section may be passed ex parte
- in cases of emergency or
- in cases where circumstances do not admit of serving in due time of a notice
Section 144 (3)
- An order under this section may be directed to
- to a particular individual or
- to persons residing in a particular place or area or
- to the public generally when frequenting or visiting a particular place or area
Section 144 (4)
- No order under this section
- shall remain in force for more than two months
Proviso:
- State Govt may direct that such order
- shall remain in force for a further period upto six months
DLA NOTE on section 144:
Practice….
- Orders under this section usually cause restrictions on movement, carrying of arms and from assembling unlawfully.
- Section 144 has often been used to clamp down on telecommunication services and order Internet shutdowns.
- It can be used to restrict movements of even a single individual.
In Re Ardeshir Phirozshaw v. Unknown [1939 Bom]:
“A Magistrate acting u/s 144 may no doubt restrict liberty. But he should only do so if the facts clearly make such restriction necessary in the public interest, and he should not impose any restriction which goes beyond the requirements of the case.”
Madhu Limaye v. Sub-Divisional Magistrate: 1970: Seven-judge Bench:
- The power of a magistrate u/s 144 “is not an ordinary power flowing from administration but a power used in a judicial manner and which can stand further judicial scrutiny”.
- The court upheld the constitutionality of the law. It ruled that the restrictions imposed through Section 144 cannot be held to be violative of the right to freedom of speech and expression, because it falls under the “reasonable restrictions”.
- No democracy can exist if ‘public order’ is freely allowed to be disturbed by a section of citizens.
Contemporary use…
- Section 144 may be invoked to control specific movement of targeted groups that are a major threat for spreading the virus.
- This Section can also be invoked to prevent any situation of panic among general public when it comes to shopping of essential commodities.
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