Saturday 9 January 2016

Section 144 CrPC

Section 144 of the Code of Criminal Procedure deals with the imposition of emergency steps to maintain public order. The application of Section 144 is commonly known as the imposition of curfew.
(1) an order restraining any person or persons residing in a particular area or general public from visiting a particular area maybe passed under this section;
(2) the order maybe passed by the district magistrate, the sub-divisional magistrate or an executive magistrate specially empowered by the state government in this regard, who is of the opinion that such act may cause public disorder, riots or affray.
(3) in cases of emergency the order maybe passed ex parte
(4) no order under this section shall remain in force for more than two months, except if the state government deems it necessary to prevent danger to public health, or riots or affray, it may, by notification extend it for up to six months;
(5) any magistrate or the state government may on its accord or on application by any person aggrieved, rescind or alter this order subject to the conditions of public health and order.

No comments:

Post a Comment