What is the meaning of section 144?

Section 144 of the CrPC: This colonial-era law, which has been retained in the Code, empowers a district magistrate, a sub-divisional magistrate, or any other executive magistrate empowered by the state government, to issue orders to prevent and address urgent cases of apprehended danger or nuisance.

What is the process of 144?

Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to 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.

Which of the following authority Cannot issue an order under section 144 of CrPC?

If there is neither an urgency calling for the application of a speedy remedy nor apprehension of danger to human life, health or safety, etc., the Magistrate cannot issue an order under this section.

What is Section 144 of CrPC Upsc?

Section 144 prohibits the gathering of four or more people in the concerned area, while during curfew people are instructed to stay indoors for a particular period.

Can a FIR be changed?

An FIR cannot be changed or edited once it is recorded and signed by the complainant. Section 154 of the CrPC states that an FIR must be signed by the informant even if it is made orally or in writing to the police in charge.

When can power under Section 144 CrPC be invoked?

In brief, Section 144 confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable.

Can Section 144 be challenged?

This means, an order of Section 144 can be effectively challenged. However, in most cases, hearings are scheduled for a date, days after the imposition order has been passed. By the time it is heard, the police will have already quashed the protest.