 |
| Copyright by Legal Ladder |
Lockdown, Curfew, and Section-144
The situation of danger to people’s life and peace
If there is a situation of danger to human life, like; riots, affray, public tranquility (danger to public peace), etc.
Then any of Section-144, lockdown, and curfew can be imposed by central or state authorities, according to the need of the situation.
During all these situations (Section-144, lockdown, curfew) authorities can ban internet services according to need.
Section-144 of CrPC (The Code of Criminal Procedure)
What is Section-144?
Section-144 can be called similar to curfew but it is not exactly like a curfew.
Section-144 is of severe nature while Curfew’s nature is most severe.
Who can pass the orders?
An executive magistrate can pass the order [District Magistrate (DM) or Sub-divisional Magistrate (SDM)] or by higher authorities.
Prohibitions
It prohibits unlawful assembly (groups with up to 4 people are fine, but if there are 5 or more than 5 people wandering in groups, it is called an unlawful assembly and it is prohibited under Section-144).
Arms are prohibited, carrying weapons or buying & selling of weapons is prohibited under Section-144.
Essential commodities’ services run throughout the time span with time restrictions. (For Example, essential commodities’ services remain open from 9 A.M to 3 P.M, etc.).
Essential commodities’ services vary from state to state. Examples of Essential Services are banks, hospitals, milk dairies, medical stores, etc.
Objectives
The main objective to restrict public transport is to reduce public gatherings and the major objective is to stop the movement of the public.
Duration
It can remain for not more than 2 months’ time period.
But if the state government considers it necessary for preventing a riot or hazardous situation, it can be extended but not for more than 6 months from the date of issuance of the initial order.
Examples
Example-1) 4 August 2019 in Kashmir
The reason for it was the declaration of Article 370 & 35A on 5th august, in the apprehension that the riots and security issues may arise.
Example-2) 16 May 2021 in Rajasthan
Because of the situation of Covid-19 by the state government, Section-144 has been extended till 21st June 2020. Earlier it was till May 21 and now it has been extended for a month.
What is Lockdown?
Lockdown is a very severe condition. It orders the public to stay where they are, and not to leave their homes.
The order can be passed by the District Magistrate (DM) or by higher authorities.
Essential services
Essential commodities and services including groceries, medicines, banks, hospitals, milk dairies, etc. are available during the lockdown.
A valid reason or certificate is required to move outside or to travel somewhere.
Prohibitions
Unlawful assemblies prohibited.
Arms are prohibited, carrying weapons or buying & selling of weapons is prohibited.
The shutdown of flights, trains, public transport, and all public transport mediums.
Objectives
The main objective to restrict public transport is to reduce public gatherings and the major objective is to stop the movement of the public.
Legal Actions
Action is taken in case of breaking of rules under Section-269 and Section-270 of IPC.
In the case of arrest, the police shall have the permission of the court.
Example
First Lockdown was imposed due to Covid-19 in India, from 25th March (12 A.M), 2020 to 14th April 2020.
To save the people of India from covid-19, there was a total ban on venturing out from homes.
Lockdown was imposed on every state, union territory, district, village, and locality of India.
What is Curfew?
Curfew is the most severe of all because of its hard restrictions. It is a strict mandate, people are forced to stay indoors during the set of a number of hours or orders accordingly.
Orders
Orders can be passed by District Magistrate (DM) or by higher authorities.
Curfew is mostly imposed in health-related situations or riot turmoil situations so that the situation can be controlled.
Essential Services
All essential commodities stores and services can be closed accordingly or it is up to the government according to the need of the situation.
Prohibitions
The main objective is to keep people at home. If someone wants to go out from his territory/area/home for some work, he/she should take the permission of the police.
Essentials services can be prohibited like petrol pumps, banks, etc. or it can be closed completely, depending upon the governmental decisions.
Legal Actions
Actions for rule-breaking
Falls under Section-144 IPC(Indian Penal Code), 1860.
All rights regarding any action fall under the police administration.
Example
Night Curfew in Delhi
From 10 P.M to 5, Tuesday 6th April to 30th of April.
To avoid unnecessary gatherings and parties etc. in order to avoid increasing cases of coronavirus.
No movement allowed during night curfew, shops can’t be open but exempts essential services.
On rule-breaking by someone, legal actions can be taken against the person.
Janata Curfew (Public Curfew)
The curfew imposed by the Janata on themselves for the Janata is called Janata Curfew.
All the state governments have to follow the guidelines given to them to make the Janata Curfew possible in every state.
Example
Sunday, March 22, 2020. (The 14 hours Janata Curfew)
The Janata curfew was imposed from 7 am to 9 pm, declared by the Prime Minister of India.
Every citizen was asked not to go out of the house, not to go on the road, not to gather in the locality or society, and stay only in the house during the Janata Curfew.
It did not apply to the persons associated with essential services, because they have responsibilities, other than that of a general citizen.
Crimes, Punishments for Rule Breakers are given Under Sections of IPC
Given under Section-188, Section-269, Section-270, Section-271 of IPC
Section-188
Crime
If public officials ask someone to disperse but he/she ignores or disobeys them.
Punishment
Imprisonment upto six months can be given.
Fine can be imposed.
Or both.
Section-269
Crime
If any person negligently and by carelessness wanders here and there, which can be harmful to others’ health and can transfer her/his disease by wandering.
Punishment
Imprisonment of six months can be given.
Fine can be imposed.
Or both.
Section-270
Crime
If someone knows that he can/may transfer his disease to someone by wandering negligently and still he/she does this act.
Punishment
Imprisonment upto two years can be given.
Fine can be imposed.
Or both.
Section-271
Crime
If someone is asked to live in quarantine, but still leaves the quarantine isolation.
Punishment
Imprisonment upto two years can be given.
Fine can be imposed.
Or both.
Anyone who obstructs the police from breaking the assembly is also punishable under law.
Difference between Section-144, Lockdown, and Curfew
The writer is pursuing a degree of BA.LL.B (Bachelors of legislative law)
From, Department Of Law, Maharshi Dayanand University (Rohtak) Haryana, INDIA.
Reach her at Instagram @sakshiydv1108
Must Read ➔ How to deal with traffic police and traffic laws in India?
0 Comments
We would appreciate any comments or suggestions that will help us to enhance the Website.