Section 144 CrPC Difference between section 144 and curfew

1.  Section 144: Power to issue order
in urgent cases of nuisance or
apprehended danger.
 Difference between Section 144
and Curfew

2. 1) Section 144 : This section is imposed on a person or
persons or public at large where in the opinion of the
Magistrate specially empowered by State Government
(SG)on sufficient ground it is necessary to direct any
person/persons or public to abstain from a certain act by
written order stating the material facts of the case and served
in the manner of section 134. This section is imposed when :
a) immediate prevention or speedy remedy is desirable.
b) danger to human life, health or safety, or a
disturbance to the public tranquillity, or riot or an
affray.
c) Such direction is likely to prevent, or tends to prevent,
obstruction, annoyance or injury to any person
lawfully employed.
*Magistrate: It includes District Magistrate, a sub- divisional
Magistrate or any other Executive Magistrate .

3. Sec.134-service of order on person or persons for
whom made or if cannot served (Public at large) so
by proclamation or publication in such manner as
stated by SG
abstain from a certain act: Prohibit public
gathering, impose restrictions as a means to prevent
protests that can lead to unrest or riots, restrict
carrying any sort of weapon in that area where it has
been imposed and people can be detained for
violating it, no movement of public and closure of all
institutes, industries and complete ban on holding
public meetings or rallies, restrict any act or events
which may disrupt the public tranquillity or peace in
an area. Authority can also block internet access.

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

5. Duration of Section 144
3) No order under this section shall remain in force
for more than 2 months from the making of thereof:
(Extension of Duration)Provided that if SG
consider it necessary so to do for preventing
danger to human life, healthy or safety or for
preventing a riot or affray it may by notification
direct that an order may by magistrate under this
section shall remain in force for such further
period not exceeding 6 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.

6. 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 SG may either on his own motion or on the
application of any person aggrieved, rescind or
alter any order made by it under the proviso in sub
section 4
7) An opportunity of being heard or show cause
shall be provided to the person against whom the
order passed and on the basis of which Magistrate
can reject the application wholly or in part after
recording the reason in writing.

7.  Section144: Prohibits gathering of four or more
people in the concerned area.
 Curfew: People are instructed to stay indoors for
a particular period of time.
 Section 144 : Government puts a complete
restriction on traffic.
 Curfew: Markets, schools, colleges and offices
remain closed and only essential services are
allowed to run on prior notice.

8. Suneha Sharma
Company Secretary
CS, LL.B, Mcom
Ph: 91-8527601428
8