Difference Between Curfew and Section 144 of CRPC

The entire country has come to a halt, yet different phrases are being used in different states to describe the situation. As a result, the terminology might be a bit puzzling. Each state has its own set of laws and policies, which are implemented in accordance with its resources. The third wave of the Coronavirus has resulted in an extraordinary increase in the number of Covid-19 cases across the country.

To combat the spread of the disease, the Rajasthan government imposed Section 144 of the Code of Criminal Procedure (CrPc) in Jaipur till December 20. Section 144 of the Criminal Procedure Code was also implemented near India Gate in Delhi. The limitations were also imposed in Mumbai by order of the Commissioner of Police, Greater Mumbai, in September.

So, the term curfew and section 144 of CrPC seem a little similar while they are clearly not. That is why we have discussed the difference between curfew and section 144 of CrPC here in a detailed manner.

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What is Section 144?

The Criminal Procedure Code (CrPC) Section 144 essentially outlaws gatherings of five or more people in an area where it has been enforced. Those who are found to be a part of such a "unlawful gathering" might be charged with "rioting," according to the law. The maximum penalty for such an act is three years in prison. It's also worth noting that any action taken to hinder authorities from dispersing an unlawful gathering is also a crime.

This part of the legislation dates back to the British Raj, and it was first used in 1861. During the war for independence, it quickly became an important technique for preventing nationalist protests. However, in many cases, the implementation of the Section in the post-independence age has been debatable.

When is Section 144 imposed?

When there is a threat or damage to human life or property, Section 144 CrPC is invoked. Sec 144 ensures that peace and tranquillity are maintained in a specific region. Section 144 has previously been used to impose restrictions that have the potential to cause violence.

Duration of Section 144

According to the rules, no order issued under this provision may be in effect for longer than two months after it is issued. For the purpose of preventing risk to human life, health, or safety, or in the case of a riot or affray, the state government can decide, if necessary, to prolong the validity for two additional months, with a maximum validity of six months. It can be revoked after the situation has returned to normal.

What Is Not Allowed Under Section 144?

It is not permitted to meet in groups of more than five people, therefore avoid doing so. Offices, godowns, factories, and other commercial establishments remained closed during the pandemic. Private automobiles were also barred because the state's borders were sealed, and public transportation, including state buses and the metro, remained closed. ATMs, Telecom, internet, and cable services remained operational, as did electricity, water, and municipal services. Markets, schools, colleges, and workplaces are all shuttered during the curfew, with only vital services allowed to operate with advance warning.

Past Instances of Section 144:

1. Preventive Measure Against COVID - 19, September 2020 

As the coronavirus outbreak spread, the governments of states such as Uttar Pradesh, Odisha, Maharashtra, and Rajasthan issued orders under Section 144 of the Criminal Procedure Code (CrPC). It was used to prevent people from gathering at a specific location in order to keep the epidemic under control.

2. Protests Against CAA and NRC, December 2019 in Several States

The Karnataka government implemented Sec 144 CrPC in the entire state for three days, from 6 a.m. to 12 a.m. on December 21. During the CAA and NRC protests, Section 144 made it unlawful to gather five or more persons, carry firearms, or hold public meetings.

What is Curfew?

Curfew orders, on the other hand, can deteriorate rapidly in any place or city. People are required to stay in their homes for a set amount of time. It is thought to be quite useful in dealing with any type of violent scenario. At the same time, keep in mind that curfew orders might be issued to a specific group or to the general public.

It prohibits any outdoor activity unless the police have given their permission first. Markets, schools, colleges, and other businesses have been forced to close, with only essential services allowed to operate. The District Magistrate can also issue a curfew order. There is a complete traffic ban in effect right now. It is not incorrect to claim that a curfew is a more severe version of Section 144. The curfew's time component is critical. The authorities can, however, prolong the curfew if necessary.

Restrictions During Curfew

• Without the consent of a competent authority, no one can go on a hunger strike.

• It is not required for examinations, marriages, cremations, or religious festivities.

• No one is allowed to wander around with any kind of tool, or any type of weapon, such as a rifle.

• Even carrying licenced weapons is not permitted at the office.

• It also prohibits the use or sale of firecrackers.

• Speech or advertising that offends the sensibilities of any community culture is likewise prohibited.

• The use of loudspeakers and DJs without prior permission is prohibited.

• At a distance of 200 yards from the examination centre, no group of five or more persons can be gathered.

• Carrying any form of weapon or ammunition is prohibited even in marriage.

Difference Between Section 144 of CrPC and Curfew

Section 144 is a prohibitory statute that prevents persons from meeting in public. However, it does not prevent everyone from gathering together. A curfew, on the other hand, forces individuals to stay indoors for a specific length of time, therefore the element of time is still important. The government has also placed a blanket ban on traffic. Under the curfew, schools, markets, colleges, and workplaces are closed, with only critical services such as hospitals, banks, ATMs, grocery stores, veggies, and milk shops allowed to operate with advance notification.

What is a Lockdown?

Under the Epidemic Diseases Act of 1897, a lockdown can be imposed by a Collector or Chief Medical Officer in their jurisdiction. This provides them with the authority to prohibit groups of five or more persons from congregating in close proximity. Hospitals, banks, ATMs, food stores, vegetables, and milk shops, among other necessary services, would remain open. Hotels may be allowed to operate in some cities, and there are no limitations on the media.

Without the consent of the court, the police are not allowed to arrest anyone who is disobeying the lockdown. They might issue an alert and tell people to return home. If the person becomes hostile, the police have the authority to arrest them under the Indian Penal Code Sections 269 and 270(IPC). If someone gets out of quarantine, the authorities can charge him with violating Section 271 of the IPC.

To sum up, everything that has been stated above, there is a huge difference between curfew and section 144 of CrPC. In short, curfew prohibits people from going outside of the house for a specified period of time while section 144 of CrPC refers to the prohibition of a certain number of people crowding in a public place. If you are interested in understanding the difference between section 144 of CrPC and curfew, then this article will be helpful for you.