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Section 144 of CrPC - What is it & when it is applied? - Legal GK for UPSC/CLAT Video Lecture

FAQs on Section 144 of CrPC - What is it & when it is applied? - Legal GK for UPSC/CLAT Video Lecture

1. What is Section 144 of CrPC?
Ans. Section 144 of the Code of Criminal Procedure (CrPC) is a provision that empowers a magistrate or an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. It is aimed at preventing any disturbance of public tranquility, ensuring public safety, and protecting public health and morals.
2. When is Section 144 of CrPC applied?
Ans. Section 144 of CrPC is applied in situations where there is an imminent danger to public peace or the likelihood of a breach of peace. It can be invoked during times of public protests, communal tensions, riots, or other situations where there is a risk of violence, damage to property, or disturbance of public order. It is also employed during natural disasters, pandemics, or any emergency situation that requires immediate action to maintain law and order.
3. Can Section 144 of CrPC be imposed throughout a state or only in specific areas?
Ans. Section 144 of CrPC can be imposed both statewide and in specific areas depending on the circumstances. If there is a general threat to public safety or a risk of violence across the entire state, the provisions of Section 144 can be applied throughout the state. However, if the threat or danger is localized to a particular area or district, the magistrate can restrict the application of Section 144 to that specific area.
4. What are the restrictions imposed under Section 144 of CrPC?
Ans. When Section 144 of CrPC is invoked, the magistrate can impose various restrictions to prevent any disturbance of public peace. These restrictions may include prohibiting public gatherings, processions, demonstrations, or any other activity that may cause a breach of peace. The magistrate can also prohibit the carrying of weapons, sale or use of certain substances, or any other action that may lead to violence or public disorder. The restrictions imposed under Section 144 are temporary and are lifted once the situation is deemed to be under control.
5. What are the consequences of violating Section 144 of CrPC?
Ans. Violating Section 144 of CrPC is a punishable offense. If an individual or a group fails to comply with the orders issued under Section 144, they can be arrested and charged with a criminal offense. The punishment for such violation may include imprisonment for a term that may extend up to three years, a fine, or both, as per the provisions of the Indian Penal Code. It is important to adhere to the restrictions imposed under Section 144 to maintain law and order during critical situations.
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