Chapter X

Section 144A CrPC: Power to prohibit carrying arms in procession or mass drill or mass training with arms

New Law Update (2024)

Section 170 BNSS

TRIAL COURT

Punishment​

Procedural – Maintenance / Compensation

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place.
(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation.
(3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made.
(4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification.
(5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under Sub-Section (4) to the District Magistrate.

Important Sub-Sections Explained

Section 144A(1) CrPC

This sub-section grants the District Magistrate the authority to prohibit the carrying of arms in public processions or the organization of mass drills and training involving arms in public places. This power is exercised when deemed necessary to preserve public peace, public safety, or maintain public order within their jurisdiction.

Section 144A(4) CrPC

This sub-section provides for the extension of an initial prohibitory order by the State Government. If the State Government considers it essential for public peace, safety, or order, it can, by notification, extend the District Magistrate’s order for a further period, which cannot exceed six months beyond its original expiry date.

Landmark Judgements

Draft Format / Application

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