Under the CrPC, 1973, an executive magistrate could prohibit the assembly of four or more persons in an area under:

Section 144 of the Code of Criminal Procedure, 1973 empowered a District Magistrate, a Sub-Divisional Magistrate or any other executive magistrate specially empowered by the state government to issue orders in urgent cases of nuisance or apprehended danger, including prohibiting the assembly of four or more persons in an area.

Purpose:

• To prevent disturbances of public peace and tranquillity, riots or affrays.
• To deal with situations that require immediate prevention or speedy remedy.

Nature of the orders:

• The magistrate can direct any person to abstain from a certain act, or to take certain order with respect to property in his possession.
• The orders can prohibit gatherings, the carrying of weapons, or other activities.

Duration:

• An order under Section 144 can remain in force for up to two months.
• The state government can extend it up to six months if it considers it necessary to prevent danger to human life or a riot.

New law:

• The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC from 1 July 2024.
• The equivalent provision is now Section 163 of the BNSS.

Difference from curfew:

• Section 144 usually prohibits assemblies of four or more persons.
• A curfew is a stricter order requiring people to stay indoors during specified hours.

Judicial review:

• In the Madhu Limaye case (1970), the Supreme Court upheld the constitutional validity of Section 144, saying it imposes reasonable restrictions on fundamental rights.
• In the Ramlila Maidan case (2012), the Court criticised the use of Section 144 against a sleeping crowd at night.
• In the Anuradha Bhasin case (2020), the Court held that repeated orders under Section 144 cannot be used to suppress legitimate expression of opinion and must be based on genuine emergencies.

Violation:

Disobedience of an order under Section 144 was punishable under Section 188 of the IPC.

Why not the other options?

• ✗Section 107 of the CrPC deals with security for keeping the peace.
• ✗Section 124A of the IPC dealt with sedition.
• ✗Section 302 of the IPC dealt with punishment for murder.