What Is Section 144? Know The Difference Between Curfew & Restrictions Under Sec 144

This Section of the law dates back to British Raj when it was used for the first time in 1861. Check how the Section 144 is different from curfew.

(Photo by Dibyangshu SARKAR / AFP)

New Delhi: Coronavirus has been rearing its ugly head as the third wave of the virus has led to unprecedented rise in the number of Covid-19 cases across the country. In view of this, the Rajasthan government had imposed Section 144 of the Code of Criminal Procedure (CrPc) in Jaipur till December 20 to rein in the spread of the disease. Even Delhi also imposed Section 144 CrPC around India Gate. Similarly, in September, the restrictions were imposed in Mumbai by order of the Commissioner of Police, Greater Mumbai. Also Read: A Rare Planetary Alignment Not Seen In 800 Years Awaits In December; Know All About It What's Section 144? The Section 144 of the Criminal Procedure Code (CrPC) basically prohibits assembly of five or more people in an area where it has been imposed. According to the law, those who are found to be a part of such "unlawful assembly" can be booked for "engaging in rioting". The maximum punishment for such act is three years. Also, note that any action preventing police from breaking up an unlawful assembly is subjected to punishable offence as well. This Section of the law dates back to British Raj when it was used for the first time in 1861. Soon it became an important tactics to prevent nationalist protests during the Independence struggle. However, the use of the Section in the post independence era has remained controversial in a lot of instances. Does Section 144 s similar to curfew? No, the Section is prohibitory in nature restricting people from public gathering.  However, it doesn't bar gathering all together. A curfew, on the other hand, forces people to stay indoors for a specific period of time. In such a case when authorities impose curfew for a certain period of time, the element of time remains crucial. However, the timing of curfew can also be extended. According to former Madras High Court judge K Chandru, curfew is imposed by the administration using inherent executive powers vested in the state government. Remember that you need a prior approval from the local police in case you want to move out during curfew. What is not allowed under Section 144? It does not allow gathering of over five people, so avoid meeting in groups. In the time of pandemic, offices, godowns and factories and other commercial establishments had remained closed. Also, private vehicles were prohibited since borders across the state were sealed besides that public transport including state transport buses, metro also remained shut.  However, ATMs, Telecom, internet, cable services remained open while electricity, water and municipal services were also kept open. Markets, schools, colleges and offices remain closed under the curfew and only essential services are allowed to run on prior notice.