Section 144 CrPC: Power to issue order in urgent cases of nuisance or apprehended danger

What Section 144 CrPC Says

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

(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) 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.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

Source: Section 144, Code of Criminal Procedure, 1973

Section 144 CrPC in Simple Words

When Section 144 CrPC Applies

• A District Magistrate, a Sub-divisional Magistrate, or an Executive Magistrate specially empowered by the State Government under Section 144(1) of the Code of Criminal Procedure, 1973 may, by a written order stating the material facts and served as provided by Section 134 CrPC, require any person to refrain from a specific act or to take certain order with respect to certain property in their possession or under their management when, in the Magistrate's opinion, there is sufficient ground for proceeding, immediate prevention or speedy remedy is desirable, and the Magistrate considers the direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, a disturbance of the public tranquillity, a riot, or an affray.
• The Magistrate may pass an order under Section 144(2) CrPC ex parte, without prior notice to the person against whom the order is directed, in cases of emergency or when the circumstances do not allow notice to be served in due time.
• An order under Section 144(3) CrPC may be addressed to a specific individual, to residents of a particular place or area, or to the general public when visiting or frequenting a particular place or area.
• Any Magistrate acting on their own initiative or on an application by any aggrieved person under Section 144(5) CrPC may cancel or modify an order made under Section 144 CrPC by themselves, by a subordinate Magistrate, or by their predecessor-in-office.
• The State Government acting on its own initiative or on an application by any aggrieved person under Section 144(6) CrPC may cancel or modify any order it made under the proviso to Section 144(4) CrPC.
• When an application is received under Section 144(5) CrPC or Section 144(6) CrPC, the Magistrate or the State Government under Section 144(7) CrPC shall give the applicant an early opportunity to appear in person or through a pleader to show cause against the order, and shall record reasons in writing if the application is rejected wholly or in part.

Time Limits Under Section 144 CrPC

• An order made by a Magistrate under Section 144(4) of the Code of Criminal Procedure, 1973 shall not remain in force for more than two months from the date it is made.Act text: “No order under this section shall remain in force for more than two months from the making thereof”
• The proviso to Section 144(4) CrPC relaxes the two-month limit by allowing the State Government, if it considers it necessary for preventing danger to human life, health or safety or for preventing a riot or any affray, to direct by notification that a Magistrate's order shall remain in force for a further period not exceeding six months from the date on which the Magistrate's order would otherwise have expired.Act text: “shall remain in force for such further period not exceeding six months from the date”

Example of Section 144 CrPC

When Section 144 CrPC Does Not Apply

• An Executive Magistrate who is not a District Magistrate or a Sub-divisional Magistrate and has not been specially empowered by the State Government in this behalf cannot issue an order under Section 144(1) of the Code of Criminal Procedure, 1973.
• No order can be issued under Section 144(1) CrPC where, in the Magistrate's opinion, there is no sufficient ground for proceeding under Section 144 CrPC or where neither immediate prevention nor speedy remedy is desirable.
• A Magistrate cannot direct a person to abstain from an act or take an order with respect to property under Section 144(1) CrPC if the Magistrate does not consider that the direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, a disturbance of the public tranquillity, a riot, or an affray.
• Under the proviso to Section 144(4) CrPC, the State Government cannot extend a Magistrate's order beyond two months unless it considers the extension necessary for preventing danger to human life, health or safety or for preventing a riot or any affray.

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