Section 144 of the Criminal Procedure Code 
                     Section 144 of the Criminal 
Procedure Code (CrPC) of 
1973
About Section 144
Section 144 of the Criminal Procedure Code (CrPC) of 1973 
authorized the Executive Magistrate of any state or 
territory to issue an order to prohibit the assembly of four 
or more people in an area. According to the law, every 
member of such 'unlawful assembly' can be booked for 
engaging in rioting. 
Section 144 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. 
Section 144 of CrPC generally prohibits public gathering. 
Section 144 has been used in the past to impose 
restrictions as a means to prevent protests that can lead 
to unrest or riots. The orders to impose Section 144 have 
been conferred to Executive Magistrate when there is an 
emergency situation.
The definition of 'unlawful assembly', 
according to Indian law, is laid down in Section 
141 of the Indian Penal Code. According to this 
section, an assembly of five or more persons 
becomes unlawful when its purpose is or 
becomes.
To overawe by criminal force, or show of 
criminal force, the Central or any State 
Government or Parliament or the Legislature of 
any State, or any public servant in the exercise 
of the lawful power of such public servant.
To resist the execution of any law, or of any 
legal process.
To commit any mischief or criminal trespass, or other 
offence;
By means of criminal force, or show of criminal force, to 
any person, to take or obtain possession of any property, 
or to deprive any person of the enjoyment of a right of 
way, or of the use of water or other incorporeal right of 
which he is in possession or enjoyment, or to enforce any 
right or supposed right;
By means of criminal force, or show of criminal force, to 
compel any person to do what he is not legally bound to 
do, or to omit to do what he is legally entitled to do.
Scope of Section 144 of 
the Criminal Procedure 
Code
Action under this section is anticipatory, that is, it is 
utilized to restrict certain actions even before they 
actually occur. Anticipatory restrictions are imposed 
generally in cases of emergency, where there is an 
apprehended danger of some event that has the 
potential to cause major public nuisance or damage 
to public tranquility. The gist of action under 
Section 144 is the urgency of the situation; its 
efficacy is the likelihood of being able to prevent 
some harmful occurrences. Preservation of the public 
peace and tranquility is the primary function of the 
Government and the aforesaid power is conferred on 
the Executive Magistracy enabling it to perform that 
function effectively during the emergent situations.
In the case of Radhe Das v Jairam Mahtothe dispute was over 
a piece of property. The petitioners applied for restriction on 
the respondent from entering the property, which was 
ordered by the Magistrate under Section 144. However, while 
the judicial proceedings were in way the respondents too 
claimed for the same prohibition on the petitioners, which 
was subsequently granted by the Magistrate under the same 
section. The respondents in response to this order brought 
the present action on the ground that their right over the 
property was being violated by the order. The court held that 
if the situation demands any action, then for prevention of 
public peace and tranquility, the individual rights of a person 
can be renounced for the greater benefit of the society at 
large. In the words of:
"To give jurisdiction under this section, the Magistrate shall 
be of opinion that immediate prevention or speedy remedy is 
desirable and that the direction he proposes to make is likely 
to prevent a disturbance of the public tranquility or a riot or 
an affray. In such circumstances private rights must give 
way."
Case of Manzur Hasan v Muhammad 
Zaman and approved in the case of 
Shaik Piru Bux v Kalandi Pati. They 
are:
1. Urgency of the situation and the power is to be used for 
maintaining public peace and tranquility
2. Private rights may be temporarily overridden when 
there is a conflict between public interest and private 
rights
3. Questions of title to properties or entitlements to 
rights or disputes of civil nature are not open for 
adjudication in a proceeding under section 144.
4. Where those questions have already been decided by 
the civil courts or by judicial pronouncements, the 
Magistrate should exercise their power under section 144 
in aid of those rights and against those who interfere with 
the lawful exercise thereof.
5. The consideration should not be that restriction would 
affect only a minor section of the community rather that a 
large section more vociferous and militant.