CrPC Section 144 — Power to issue order in urgent cases of nuisance or apprehended danger

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — B.—Public nuisances

General

Summary

Sub-section (1) allows a District Magistrate, Sub-divisional Magistrate or specially empowered Executive Magistrate to make a written order when, in that Magistrate’s opinion, there is sufficient ground to act and immediate prevention or a speedy remedy is desirable. The order must state the material facts and be served as provided by section 134. It may direct a person to stop a particular act or to take a particular measure concerning property in their possession or management, if the direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to a person lawfully employed; danger to human life, health or safety; a disturbance of public tranquillity; a riot; or an affray.

Sub-section (2) says that an order may be passed “ex” in an emergency, or when the circumstances do not allow notice to be served in time on the person it is directed against. The supplied text ends after “ex”, so it does not state the rest of the provision.

Sub-section (3) allows an order to be directed to a particular individual, to people living in a particular place or area, or to the public generally when they visit or frequent a particular place or area.

Sub-section (4) says that an order may not remain in force for more than two months from the date it is made. Under the proviso, the State Government may, by notification, extend the order for a further period of up to six months from the date it would otherwise have expired, if the Government considers this necessary to prevent danger to human life, health or safety, a riot or an affray. The notification must specify the further period.

Sub-section (5) allows a Magistrate, on their own initiative or on an application by a person aggrieved, to rescind or alter an order made under this section by that Magistrate, a Magistrate subordinate to them, or their predecessor in office.

Sub-section (6) allows the State Government, on its own initiative or on an application by a person aggrieved, to rescind or alter an order that it made under the proviso to sub-section (4).

Sub-section (7) requires the Magistrate or the State Government, when receiving an application under sub-section (5) or (6), to give the applicant an early opportunity to appear in person or through a pleader and explain why the order should be changed or withdrawn. If the application is rejected wholly or partly, the Magistrate or the State Government must record the reasons in writing.

Official Text

(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

Sections referred to

Referred to by

Related Judgments

  • GULAM ABBAS & ORS. vs STATE OF U.P. & ORS — Supreme Court of India (1981)
  • STATE OF BIHAR vs K. K. MISRA & ORS — Supreme Court of India (1969)
  • MADHU LIMAYE vs SUB-DIVISIONAL MAGISTRATE, MONGHYR & ORS — Supreme Court of India (1970)
  • KACHRULAL BHAGBIRATH AGRAWAL AND ORS. vs STATE OF MAHARASHTRA AND ORS — Supreme Court of India (2004)
  • SHIVANI KAUL & ORS vs COMMISSIONER OF POLICE & ORS — Delhi High Court (2015)

Old <-> New Code Mapping

  • BNSS §163 — Power to issue order in urgent cases of nuisance or apprehended danger