Manipur Violence: What Is Section 144 Of CrPC And What Are The Grounds For Imposing It?

NEW DELHI: In the wake of a fresh flare-up in the ethnic violence-hit Manipur, the Centre government has imposed a curfew in the sensitive areas of the northeastern state as part of measures to bring back normalcy there. In the fresh flare-up, nine people, including a woman, have been killed and several injured in the past 24 hours after fresh violence erupted in Manipur. The deaths took place in an incident of firing late night in the Khamenlok area, according to sources in the army.

Several of those injured have been rushed to Imphal for treatment. Some of those killed in the violence have cut marks on their bodies and multiple bullet injuries, the sources said. The incident comes as a major setback amid efforts to restore peace in the state, which has been tense for over a month now due to ethnic clashes between the Meitei and Kuki communities. The relaxation of the curfew has been restricted after last night's incident.

The ethnic clashes have claimed about 100 lives, left many more injured and displaced thousands.

So, What Is Section 144 Of The CrPC?

 

Section 144 of the Criminal Procedure Code (CrPC) of 1973 gives power to a District Magistrate, a Sub-Divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an order to an individual or the general public in a particular place or area to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management.

As per the Section 144 Cr. P. C, the order can be passed only if the Magistrate believes that the step is likely to prevent: obstruction, annoyance or injury to any person lawfully employed danger to human life, health or safety disturbance of the public tranquillity, or a riot or affray. This order can be passed against a particular individual or general public. The order can be passed even ex-parte.

Through This order, a Magistrate can prohibit the assembly of four or more people in an area. According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting. If implemented, there can be no movement of the public and all educational institutions shall also remain closed and there will be a complete bar on holding any kind of public meetings or rallies during the period of operation.

Section 144 also restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it. The maximum punishment for such an act is three years. Section 144 also empowers the authorities to block internet access. 

What Are The Grounds For Imposing Section 144?

 

Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property. Section 144 has been used in the past by state governments to impose restrictions as a means to prevent protests that can lead to unrest or riots. 

 
How Long Can Section 144 Remain In Force?

 
No order under Section 144 shall remain in force for more than two months but the state government can extent the validity for two months and a maximum up to six months. It can be withdrawn at any point in time if the situation becomes normal.

Section 144 Vs Curfew

 
Section 144 prohibits gathering of four or more people in the concerned area, while during the curfew people are instructed to stay indoors for a particular period of time. In the case of a curfew, the state government can put a complete restriction on traffic as well. Markets, schools, colleges and offices remain closed under the curfew and only essential services are allowed to run on prior notice.

Purpose & Legislative Intent

 

Section 144 is mentioned in Chapter X dealing with the Maintenance of Public Order and Tranquillity and is a part of Sub-Chapter C. Section 144 of Code of Criminal Procedure, 1973 is intended to serve public purpose and protect public order.