Section 144 of CrPC : Section 144: Power To Issue Order In Urgent Cases Of Nuisance Or Apprehended Danger

Explanation using Example

Imagine a situation where a local festival is planned in a small town, which is expected to attract a large crowd. The District Magistrate receives credible intelligence that there may be a threat of violence due to a recent escalation in tensions between two communities in the area. To prevent any potential harm or disturbance during the festival, the Magistrate issues an order under Section 144 of The Code of Criminal Procedure, 1973.

The order prohibits the assembly of more than four people in the vicinity of the festival and bans the carrying of any weapons. This order is served to the public and is meant to last for the duration of the festival, ensuring the safety of the attendees and maintaining public tranquility.

Due to the urgency of the situation, the order is passed ex parte, without a formal hearing, as there is not enough time to serve notice to all individuals potentially affected by the order. The Magistrate has determined that this immediate action is necessary to prevent any danger to human life or the likelihood of a riot.

As the festival is only a week-long event, the order is intended to remain in force for this period, which is less than the two months maximum duration specified by the act. However, should the situation require, the State Government has the authority to extend the order for up to six months to prevent further disturbances.