Chapter X
Section 144 CrPC: Power to issue order in urgent cases of nuisance or apprehended danger
New Law Update (2024)
Section 173 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed Ex-parte.
(3) An order under this section may be directed 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.
(4) No order under this section shall remain in force for more than two months from the making thereof; Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to Sub-section (4).
(7) Where an application under Sub-section (5), or Sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
Important Sub-Sections Explained
Section 144(1)
This sub-section empowers certain Executive Magistrates to issue immediate written orders when there is a perceived urgent risk of nuisance, obstruction, danger to life, health, or public peace. Such orders direct individuals to abstain from specific acts or manage property in a certain way to prevent harm or disorder.
Section 144(4)
This sub-section limits the duration of an order under Section 144 to a maximum of two months. However, under exceptional circumstances and for specific public safety reasons, the State Government can extend this period for up to six additional months via notification.
Landmark Judgements
Babulal Parate v. State of Maharashtra (1961):
The Supreme Court upheld the constitutional validity of Section 144 of the CrPC, affirming that the restrictions it imposes are reasonable and in the interest of public order, thus not violating fundamental rights.
Ram Manohar Lohia v. State of Bihar (1966):
This landmark judgment distinguished between ‘law and order’ and ‘public order,’ clarifying that Section 144 CrPC can only be invoked when there is a threat to ‘public order’ and not for mere disturbances of ‘law and order.’ The Court emphasized that the gravity of the situation must be such that it impacts the even tempo of life of the community.
Anuradha Bhasin v. Union of India (2020):
The Supreme Court ruled that orders passed under Section 144 CrPC are subject to judicial review, must be reasoned, proportionate, and temporary. It specifically held that prolonged restrictions on fundamental rights like freedom of speech and expression and freedom to practice any profession over the internet are impermissible.
Draft Format / Application
IN THE COURT OF THE DISTRICT MAGISTRATE / SUB-DIVISIONAL MAGISTRATE, [District Name], [State Name]
Misc. Application No. ______ of 20XX
IN THE MATTER OF:
[Name of Applicant],
Son/Daughter of [Father’s/Husband’s Name],
Aged about [Age] years,
Residing at [Full Residential Address],
[Mobile No.], [Email Id].
…APPLICANT
VERSUS
The State of [State Name]
(Through the concerned Police Station/Authority)
…RESPONDENT
APPLICATION UNDER SECTION 144(5) OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR RESCINDING/ALTERING AN ORDER
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is a law-abiding citizen and resident of [Address].
2. That an order under Section 144 of the Code of Criminal Procedure, 1973 was issued by [Name of Issuing Magistrate/Authority] vide Order No. [Order Number], dated [Date of Order], pertaining to [brief description of the area/act covered by the order]. A copy of the said order is annexed hereto as ANNEXURE A.
3. That the said order [state whether it affects the Applicant personally, or generally].
4. That the Applicant is aggrieved by the aforesaid order on the following grounds, inter alia:
a. [Specify Ground 1 – e.g., the circumstances necessitating the order have ceased to exist.]
b. [Specify Ground 2 – e.g., the order imposes unreasonable restrictions on the Applicant’s lawful activities/rights.]
c. [Specify Ground 3 – e.g., the material facts relied upon for issuing the order are incorrect or insufficient.]
d. [Add any other relevant grounds explaining why the order should be rescinded or altered.]
5. That the continuance of the said order is causing [specify hardship/inconvenience/unjust restriction] to the Applicant and others.
6. That in view of the aforesaid, it is just and expedient that the impugned order be rescinded or suitably altered.
7. That the Applicant undertakes to abide by any directions or conditions that this Hon’ble Court may deem fit to impose.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a. Rescind the order passed under Section 144 CrPC vide Order No. [Order Number], dated [Date of Order]; OR
b. Alter the said order in such manner as this Hon’ble Court may deem fit and proper; AND
c. Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Applicant)
[Name of Applicant]
COUNSEL FOR THE APPLICANT
[Advocate’s Name]
[Enrollment No.]
[Contact Details]