Can Section 144 be challenged?

Prohibitive orders under Section 144 can be issued for only up to two months and can be extended if needed for another six months only by the state government by notifying it. This means, an order of Section 144 can be effectively challenged.

How Long Can Section 144 be imposed?

Duration of Section 144 order 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 maximum up to six months. It can be withdrawn at any point of time if situation becomes normal.

Does section 144 apply to private property?

Section 144 is imposed in a given region in emergency situations or cases of nuisance or perceived danger of some event that has the potential to create a troubled situation or damage to human lives or property. In general we can say Section 144 prohibits public gathering.

What is section 144 in India?

Section 144 speaks of the Executive Magistrate of any state to issue an order to prohibit four or more people in an area. Section 144 is imposed in the state of the city only in urgent cases. Usually, Section 144 of CrPC prohibits public gatherings taking place in the city or state.

What is Section 144 CrPC and why is it controversial?

Section 144 CrPC was invoked by the police forces across the country to contain the nation-wide protests against the Citizenship Amendment Act. It is widely criticised for it conferring almost unbridled powers upon the executive officers.

Which cities rose in protest against CAA despite Section 144?

Other cities that rose in protest against CAA in spite of Section 144 included Saharanpur, Meerut, Hyderabad, Aligarh, Kalaburgi, Mangalore and Delhi. Surprisingly, a number of situations (other than CAA protests) have been dealt with through imposition of the law this month in Nainital, Chatarpur, Sasaram, Goa and Jaipur.

What is Section 144 of the Criminal Procedure Code?

Section-144 of Criminal Procedure Code sets power to Executive Magistrate to constrict the particular or a group of persons locating in a particular area while observing a certain place or area. This is one of the most essentiality in our time of COVID-19 crisis.

Can Section 144 of CAA be extended?

It can be extended but not more than 6 months. Violation of Section 144 is liable for a maximum of 3 years imprisonment. However, in most cases involving public protests, as is the case with anti-CAA protests, the protestors are taken into custody by police and released after a few hours.