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Section 144

What is section 144?

Section 144 or in common words Dhara 144 is the Criminal Procedure Code of 1973 which gives authority to executive magistrate of any state or Union territories to issue an order to Prohibit the gathering of people or assembly of four or more than four people in an particular area. If Section 144 is imposed every person assembling in that area will be looked as engaging in a rioting and even if someone says that their assembly is lawful assembling and they have taken permission even that assembly would be seen as an unlawful assembly or act by the law of India. After in such situation there are provisions of shutdown of internet connections.

 When Section 144 can be imposed?

Whenever there are chances of danger/risk to Human life, health, safety and disturbance of the peaceful life or public tranquility, affray or a riot, any kinds of obstruction, annoyance, injury to large people this section is imposed in that particular place so that such situations can be controlled or  avoid and life of people and public property can be saved. Usually in such circumstances where there are chances of any kinds of unlawful movements prohibition of gathering/ assembly is the best solution because usually people do unlawful activities with the help large gatherings and by imposing Section 144 as immediate prevention or speedy remedy is the best way to control such unlawful movements. But those conditions should be prior to the passing of the order otherwise it will be seen as violates Fundamental rights under Article 19. The order can be passed as measures of quick action, in a situation of emergency and for a limited period of time.

What if people don’t follow the order?

If people of that particular area where Section 144 has been imposed by executive magistrate don’t follow the order their gathering will be seen as an illegal and unlawful movement and required actions will be taken such as Lathi charge, tear gases will be used and even people can be arrested, they can be sent to jail for three years and it is mentioned that obstructing police for breaking up an unlawful gathering will be seen as a punishable Office.

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