What is Article 144 of the Indian Constitution?

Asked by: Ms. Leslie Spencer  |  Last update: August 16, 2022
Score: 4.8/5 (35 votes)

Article 144 obliges all authorities in the country to act in aid of the Supreme Court. It is, therefore, not permissible in our constitutional scheme for any other authority to claim that power in exclusivity, or in supersession of the Supreme Court's verdict.

What does code 144 mean?

Follow. 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.

What is the meaning of 144 section in India?

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 punishment of 144?

—Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Can 144 be imposed in a house?

Only one time attendance has been done yesterday in the court. Local police is telling that section 144 is imposed on this land and we can't construct anything. I checked with multiple lawyers and found that it can be imposed in a field or open area only not on a house.

Article 144 | Civil and Judiciary Authorities to act in aid of SC #supremecourtofindia

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Who can implement Section 144?

Section 144 of CrPC Empowers a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government to restrict a person or a certain number of people or people in general from certain acts in the interest of law and order or general well being of people.

What is the purpose of invoking Section 144 CrPC in a region?

Section 144 of the CrPC can be used to ban protests, prohibit public gatherings, and restrict access to certain areas. These public gatherings can be social or political; they can be trade fairs or rallies, etc. Section 144 can be imposed for up to two months.

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.

What is the difference between IPC and CrPC?

IPC is the principal criminal code of India that defines crimes and provides punishments for almost all kinds of criminal and actionable wrongs. CrPC is the procedural law that provides a detailed procedure for punishments under penal laws.

What is criminal procedure code in India?

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

What is CrPC Upsc?

The CrPC or the Code of Criminal Procedure is an important topic for the UPSC exam. It comes under the polity, governance, law, and internal security segments of the UPSC syllabus.

What is difference between curfew and Section 144?

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. The government puts a complete restriction on traffic as well.

How do I file a 144 CRPC?

(a) Order must be in writing - The words used under section 144 is "a written order" and therefore the order issued under this section must always be in writing. There must be a written order directed to the accused and duly promulgated before he can be prosecuted for disobedience of the order.

WHY IS 144 in Bangalore today?

Bengaluru: As the row over hijab escalated at several places in the State, authorities in Bengaluru have imposed Section 144 in the city for the next two weeks. City Police Commissioner Kamal Pant has warned that strict action will be taken if people gather in large numbers at educational institutions.

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.

Who may pass under Section 144 of CrPC?

(4) 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.

Which of the following orders passed under Section 144 of the Code of Criminal Procedure 1973 is legal?

144. Power to issue order in urgent cases of nuisance of apprehended danger.

How many CrPC are there in India?

Sections in CrPC (528 total)

Including amendments and additions.

What is trial case warrant?

Warrant cases means the cases which are a more serious offence that is punishable with death, life imprisonment or imprisonment for a term exceeding two years. The trials of warrant cases are conducted by the Court of Session or by Magistrate.

Is Bangalore under 144 imposed?

Section 144 Imposed In Parts Of Karnataka Including Bengaluru.

What is curfew law?

Curfew laws prohibit or limit your right to be out in public at certain times. They are intended to maintain a certain level of order and safety in public spaces. Most curfew laws apply only to juveniles under the age of 18.

What is curfew ordinance?

Curfew ordinances restrict the hours that minors are permitted on streets or in public places at night. A curfew may help reduce the likelihood that minors will be the victims of criminal acts or become involved in criminal acts during curfew hours, including alcohol, tobacco, and other drug use.

How many sections are there in IPC 2021?

The IPC has been amended numerous times since then and is now supplemented by various other criminal provisions. At present, the IPC is divided into 23 chapters and contains 511 sections in total.

What is bail in CrPC?

'Bail' connotes the process of procuring the release of an accused charged with certain offences by ensuring his future attendance in the court for trial and compelling him to remain within the jurisdiction of the court.

Who wrote IPC 1860?

In 1860, the Indian Penal Code was introduced into India, the brainchild of Thomas Babington macaulay who had drafted the code during his time in Bengal in the 1830s.