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Section 144 of CrPC UPSC NOTE

 Why in News

  • The Supreme Court questioned the basis of Executive Magistrates issuing blanket orders prohibiting yatras to uphold democratic and electoral values, dharnas and public meetings during the entire duration of the Lok Sabha election, till the declaration of poll results.

  • Prohibitory orders under Section 144 of the Criminal Procedure Code had been issued in the past six months on the ground of elections.

  • These blanket prohibitory orders directly affect the civil society and general public from freely discussing, participating, organising or mobilising on issues affecting them ahead of elections

  • The prohibitory orders verge on the “fantastic” and assailed well-rounded Constitution Bench judgments of the court that Section 144 could be invoked by Magistrates only if there was a reasonable apprehension of breach of peace

  • The prohibitory orders are being passed mechanically, without any material or exigency to justify prohibition on the general public, and amounts to an illegal interference with the right to vote

Section 144 of CrPC


  • This law empowers the magistrate of any state or union territory in India to pass an order prohibiting the gathering of four or more people in a specified area.

  • It is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property.

  • This order can be passed against a particular individual or general public


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Section 144 of CrPC UPSC NOTE
Section 144 of CrPC UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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