Who can enforce Section 144?

Who has the power to impose section 144? Section 144 CrPc, 1973 gives power to a sub – divisional magistrate, district magistrate or any executive magistrate on behalf of the State Government to issue an order towards the general public or an individual in a particular place.

What is the role of Executive Magistrate?

Executive Magistrates are Criminal Courts within the meaning of the Code vide Sec. P.C. he functions as a court but when he does something purely administrative or executive in nature, he does not perform the role of a court. When an Executive Magistrate, in exercise of the power vested in him u/s 129 Cr.

What are the duties of the executive magistrates in preventing breach of peace and to maintain public Tranquillity?

This section empowers the executive magistrate to issue a written order against the parties to appear before the court either in person or by pleader, if he is satisfied upon the report submitted by the police or information of dispute which likely causes a breach of peace due to a dispute regarding land or water …

Who is the member of unlawful assembly?

Section 142 of Indian Penal Code Whoever, being aware of facts that makes any assembly an unlawful assembly, intentionally joins that assembly or continues in it, is said to be the member of that unlawful assembly.

Who is executive magistrate in India?

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC.

Who is a Executive Magistrate in India?

Does executive magistrate have judicial powers?

Defining the Role of an Executive Magistrate Executive Magistrates sometimes act as courts when they take up functions that are judicial in nature while conducting an inquiry under S. 116 of the CrPC in connection with maintaining peace and order under S. 107 of the CrPC.

What is the difference between Executive Magistrate and Judicial Magistrate?

The only difference between the Judicial Magistrate and the Executive Magistrate is that all cases can handle by the Judicial Magistrate whereas certain issues relating to public peace, maintenance of Law and Order etc can be handle by the Executive Magistrate.

Is unlawful assembly a crime?

Generally, an unlawful assembly is a misdemeanor under both common law and statutes. The basis of the offense of unlawful assembly is the intent with which the individuals assemble. The members of the assembled group must have in mind a fixed purpose to perform an illegal act.

What is difference between rioting and affray?

In rioting, every member is punishable irrespective of whether he has actively participated or not. In affray, only those persons are punished who are participating.

What are the powers of an executive magistrate under Section 144?

In order to deal with emergent situations, wide powers have been bestowed on an executive magistrate under Section 144 of CrPC. It bestows an omnibus power on magistrates to issue an order in cases of nuisance or apprehended danger provided the cases are urgent.

Is preventive action under Section 144 of the IPC justified?

Therefore, the liability of the magistrate is ensured as the High Court can either quash the order or for the material facts of the Magistrate. Hence, it is held that preventive action under Section 144 is justified.

What is Section 144 of the Indian Penal Code?

And be punished for the term same as for the offence. Hence, section 144 is only to be used in an emergency situation to prevent any riot or to maintain public order or otherwise public nuisance by an unlawful assembly is dealt under section 133 of the Code of Criminal Procedure, 1973.

Can a magistrate issue an order in the interest of the public?

It bestows an omnibus power on magistrates to issue an order in cases of nuisance or apprehended danger provided the cases are urgent. There is a range of situations in which a magistrate may resort this power in the interest of the public as provided under Section 144 (1): In cases where a speedy remedy is desirable.