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Sunday, April 5, 2020

Section 144-CrPC

 CrPC- section 144 

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What is the full form of CrPC?

The full form of CrPC is  Criminal Procedure Code.

When was this law passed and implemented ?

This law was passed in 1973 and came into force from 1 April 1974.

 Based on this law, various criminal laws are implemented in India. Whenever a crime occurs in the society, it always has two reactions, which the police make their base in investigating the crime.

When a crime occurs, it has two sides: - one is the victim's side and the other the accused's side.
 The procedure that takes place in CrPC in relation to these two parties is given.

Why is it needed?

Man is a social animal and he behaves in many ways while living in society, but all his behavior is not valid in law such behavior which causes any other person to suffer or cause some violation of his behavior. Interest is violated. This type of behavior is then considered a crime and the offender's crimes are punished by the Code of Criminal Procedure. Several streams have been mentioned in CRPC, one of them is Section 144.

What is the provision of CrPC section 144

 Section 144 of CrPC is imposed to maintain peace and avoid any emergency. Section 144 is imposed when there is a possibility of any danger in a particular area, such as a riot, a threat of a chaotic element disrupting the peace system of the country, health related danger.

 It can be installed in any area of ​​India, after the introduction of this section, a notification is issued by the District Magistrate of that area. After the implementation of  CrPC Section 144, if the government considers it necessary, then internet services can also be closed to people in some way. It is forbidden to carry weapons. When CrPC Section 144 comes into force, only police and security forces are allowed to carry or use weapons.

When is section 144 enacted

When the government feels that there are some such chaotic elements in the country that can spoil the peace system of the country, it can create a riot-like atmosphere in the country, now there is a possibility of looting arson activities like this in the country. CrPC Section 144 is imposed. The motive of the government is that if people will not gather and will be busy in their work, then such activities are banned.



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How and who can apply section 144?

 CrPCS ection 144 can be applied in any area of ​​the country in which the section is being implemented, a notification is issued by the magistrate of the area i.e. the District Magistrate, after which  CrPC Section 144 is imposed in that stressed area. If more than 3 people gather in the area where this section is applicable, the police can arrest them or anyone who is carrying a weapon can also arrest them. In such an environment, no one is allowed to carry weapons except the police.

 Provision of punishment

If CrPC Section 144 has been imposed in any area and if any person violates this section there then he is arrested by police or defense forces. And there can be a maximum jail term of 3 years.

What is the time limit of section 144?

In the area where CrPC Section 144 would take place, this section cannot be applied for more than 2 months in that area. But if the state government feels that it needs to be extended for more time to avoid any danger in the country, it can be increased. But the maximum duration of this can be up to 6 months. This period can be up to 6 months from the time of implementation of  CrPC section 144.
                          
Also  read: --- What is NSA?

 What is the difference between  section 144 and curfew?

CrPC Section 144 and curfew are not one, but they have many variations.
 Under CrPC section 144, if a group of more than three or four people gather together then it comes under the category of crime. And the police can detain them for breaking the law.
 But the curfew is imposed in a very bad situation. When the condition of an area becomes such that if people move out of their homes, then their life and property may be threatened, then curfew is imposed.

 People are forced to stay in their homes when curfew is imposed. No one can get out of the house. All markets, schools, colleges, offices, means of transport etc. are closed due to curfew.



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