How the public order and tranquillity can be maintained as per law ?
You may have heard about the section 144 of the law but do you know what is this section 144 ? Answer is section 144 of the Criminal Procedure Code (CrPC). The section 144 CrPC is implemented when there is an urgent case of nuisance and for the immediate prevention of the nuisance District Magistrate, Sub-divisional Magistrate or some other magistrate proceeds under this section.There are some other sections of the CrPC which are meant for preventive actions for maintaining law and and order and peace in the area. Today, we will discuss about various provisions of the law under CrPC as preventive measure along with section 144 CrPC and how these sections are implemented ?
Urgent case of public nuisance :
When District magistrate or Sub-divisional magistrate or any other magistrate who is specially empowered thinks that there are sufficient grounds to proceed under section 144 of CrPC, magistrate will issue written orders stating facts of the case/circumstances in the manner as :
- Order will be served on the person against whom it is.
- If order can not be served, it shall be notified by proclamation or published and copy of order shall be stuck up at fittest place.
- Magistrate can restrict any person from certain act or to take certain order for property in his possession.
- If order can not be served in due time due to emergency, order can be passed ex-parte.
- Order remain in force for a maximum period of two months. Only state government, notification, can extend duration up to six months.
- Magistrate by its own motion or on some request can alter the order.
- Magistrate can prohibit to carry arms in procession or mass drill or mass training with arms.
There are other sections of CrPC meant for preventive actions which are as :
Unlawful assembly :
Any executive magistrate or officer-in-charge of the police station or a police officer not below the rank of sub-inspector may command any assembly of five or more persons which may cause disturbance to the public peace to disperse. If assembly does not disperse, required force can be used and members of assembly can be arrested and confined as per sections 129, 130 and 131 of Cr PC.
Conditional order for removal of public nuisance :
If magistrate thinks and considers that :
- Any unlawful assembly should be removed from the public place.
- Conduct of any trade or keeping of goods is injurious to health etc.
- Construction or disposal of anything should be stopped.
- Any building or structure is dangerous to life.
- Any tank or well should be fenced.
- Any dangerous animal should be destroyed or confined.
He may make a conditional order requiring such person to remove the obstruction or nuisance as mentioned above as per section 133 of the CrPC.
Disputes of immovable property :
Whenever any executive magistrate thinks that dispute concerned with any land or water or the boundaries, in his jurisdiction, make an order stating grounds and require parties to attend the court as per section 145 of the CrPC.
If magistrate consider a case of emergency or is unable to decide the case may attach the subject and appoint an receiver.
The district magistrate or Sub-divisional-magistrate may depute a subordinate magistrate to conduct local inquiry and submit report.
What is section 107, 150 and 151 of the CrPC ? How is it implemented ?
Section 107 : When an executive magistrate receives information that any person may cause a breach of peace or may disturb public peace and thinks that there are sufficient ground to proceed, he may issue a show cause to such person to execute a bond for keeping peace for a period of maximum up to one year.
Section 150 : When a police officer receives information of a design to commit a cognizable offence shall communicate such information to his senior officer for prevention of the commission of such offence.
Section 151 : When a police officer having knowledge of a design of cognizable offence and it appears that the commission of the offence can not be prevented otherwise, he can arrest the accused without warrant.
Arrested person can not be detained in custody for a period more than 24 hours of his arrest.
What is 107/150 CrPC ?
Whenever a police officer receives information about the design of a crime/offence which is cognizable and immediate arrest of the accused is not necessary (u/s 150 of the CrPC), he submits his report to the executive magistrate in the jurisdiction to take action for prevention of the crime u/s 107 CrPC. Police officer submits his report u/s 107/150 CrPC.
What is 107/151 CrPC ?
Whenever a police officer receives information of design of a cognizable offence and and immediate arrest of the accused is necessary to prevent the commission of an offence, police officer on duty arrests the accused immediately without warrant and produces him before the executive magistrate in the jurisdiction within 24 hours of his arrest along with his report/file for the magistrate to take action u/s 107 CrPC. Police forwards such report u/s 107/151CrPC.
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