Sec.144 orders, what if violated? When it can be challenged ?

Standard

An order to prohibit public generally from visiting an area is passed under Sec.144(3) of Code of Criminal Procedure by a duly empowered Magistrate.

If such order is violated, police can arrest under Sec.188 of Indian Penal Code. Punishment upto 6 month jail.

In Case of Madhu Limaye, Supreme Court upheld validity of Sec 144 in 1970. Thereafter no one has challenged this section and it’s misuse.

Such order can be challenged if it violates Constitutional rights or if made without following requirement of Sec.144 or if arrest goes beyond scope of order.

To make a person liable for violation of Sec.144, it must be proved that he had knowledge of such order and even then he violated order.

Interference with private individuals rights by 144 orders must be minimum. AIR 1988 SC 93

Haresh Raichura
24/12/12

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