MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY (SECTION 129-148)

SECTION 129 : DISPERSION OF ASSEMBLY THROUGH CIVIL FORCE

• Authority to Command Dispersal – Authorizes Executive Magistrates and police officers to command the dispersal of unruly assemblies.
• Use of Force – Allows the use of force if the assembly does not disperse.
• Assistance of Civilians – Permits officers to seek civilian assistance if needed.
• Legal Protection – Provides legal protection for actions taken under this section.

SECTION 130 : USE OF ARMED FORCES TO DISPERSE ASSEMBLY 

• Public Security – Empowers Executive Magistrates to use armed forces when necessary for public security.
• Officer’s Authority – Allows requisition of armed forces officers.
• Use of Force Restrictions –  Requires minimal harm to persons and property.

SECTION 131 : AUTHORITY OF SPECIFIC ARMED FORCES OFFICERS TO DISPERSE ASSEMBLIES 

• Public Security – Allows commissioned or gazetted officers of armed forces to disperse assemblies.
• Communication with Magistrate – Requires officers to communicate with an Executive Magistrate if possible.

SECTION 132 : PROTECTION AGAINST PROSECUTION 

• Sanction for Prosecution – Requires government sanction for prosecution.
• Immunity – Grants immunity for actions taken in good faith.

SECTION 133 : ISSUING CONDITIONAL ORDERS FOR NUISANCE REMOVAL 

• Unlawful Obstruction or Nuisance– Authorizes District Magistrate,Sub-Divisional Magistrate or any other Executive Magistrate empowered on the behalf of State Government to issue orders for removing obstructions or nuisances.
• Injurious Trades or Occupations – Regulates or prohibits trades, goods, or occupations harmful to public health.
• Prevention of Hazards – Empowers Magistrates to prevent fire or explosion hazards.
• Safety Measures -Addresses safety concerns related to buildings, trees, and public areas.
• Fencing Requirements – Requires fencing for tanks and wells near public areas.
• Dealing with Dangerous Animals – Allows actions against dangerous animals.
• Protection of Public Rights -Defines public places and rights.

SECTION 134 : SERVICE OR NOTIFICATION OF ORDER 

• Service of Order – Specifies service methods.
• Notification by Proclamation – Covers situations where personal service is not feasible.

SECTION 135 : PERSON TO WHOM ORDER IS ADDRESSED TO OBEY OR SHOW CAUSE

• Compliance or Appearance –  Requires compliance or appearance to show cause.

SECTION 136 : CONSEQUENCES OF FAILURE TO COMPLY 

• Penalty for Non-compliance – Imposes penalties for non-compliance.
• Order Made Absolute – Allows Magistrates to make orders absolute.

SECTION 137 : PROCEDURE FOR ADDRESSING DENIAL OF PUBLIC RIGHTS

• Denial of Public Right – Addresses disputes regarding public rights.
• Inquiry into Denial – Requires an inquiry when evidence supports the denial.
• Effect of Denial – Limits denials in subsequent proceedings.

SECTION 138 : PROCEDURE WHEN HE APPEARS TO SHOW CAUSE 

• Showing Cause – Explains procedures when parties show cause.
• Taking Evidence – Allows Magistrates to gather evidence.
• Decision – Grants Magistrates authority to decide on orders.

SECTION 139 : MAGISTRATE’S AUTHORITY FOR LOCAL INVESTIGATIONS AND EXPERT EXAMINATIONS 

• Local Investigation – Authorizes local investigations.
• Costs – Determines who pays investigation expenses.

SECTION 140 : MAGISTRATES POWER TO PROVIDE WRITTEN INSTRUCTIONS AND MORE 

• Instructions and Expenses – Provides guidance and cost allocation.
• Report as Evidence – Allows reports as evidence.

SECTION 141 : PROCEDURE UPON ORDER BECOMING ABSOLUTE AND RAMIFICATIONS OF NON COMPLIANCE

• Notice and Performance – Requires notice and performance.
• Consequences of Non-compliance – Enables enforcement and cost recovery.
• Protection against Lawsuits – Offers immunity for actions in good faith.

SECTION 142 : INJUNCTION PENDING INQUIRY

• Immediate Preventive Measures – Allows Magistrates to issue injunctions for immediate public safety.
• Enforcement – Authorizes necessary means if injunctions are not obeyed.
• Legal Protection – Provides legal protection for Magistrates.

SECTION 143 : PROHIBITION OF PUBLIC NUISANCE 

• Authority – Empowers Magistrates to prohibit public nuisances.

SECTION 144 : POWER TO ISSUE URGENT ORDERS 

• Immediate Prevention – Allows issuance of urgent orders in emergencies by District Magistrate,Sub-Divisional Magistrate or Executive Magistrate empowered by State Government.
• Ex-parte Orders – Permits orders without notice in emergencies.
• Scope – Covers orders to individuals, areas, or the public.
• Duration – Orders are valid for up to two months, extendable by the State Government for such further period not exceeding six months.
• Alteration and Rescission –  Allows changes or rescission of orders.
• Due Process – Requires showing cause to the aggrieved party.

SECTION 144A : PROHIBITION OF CARRYING ARMS IN PUBLIC

• Public Safety – Permits District Magistrates to prohibit carrying arms in public.
• Duration – Orders are valid for up to three months, extendable by the State Government for such further period not exceeding six months.
• Delegation – Allows the State Government to delegate powers.

SECTION 145 : PROCEDURE FOR DISPUTES CONCERNING LAND OR WATER

• Commencement – Addresses disputes over land or water.
• Process – Follows a procedure for determining possession and user rights.
• Possession Rights – Decides possession rights.
• Cancellation – Allows for order cancellation.
• Protection of Crops – Enables orders for crop protection.
• Witnesses – Grants authority to summon witnesses.

SECTION 146 : ATTACHMENT OF PROPERTY AND RECEIVER APPOINTMENT 

• Emergency Attachment – Allows attachment of disputed property.
• Receiver – Permits receiver appointment.
• Transfer to Civil Court Receiver – Requires handover to civil court receiver.
• Incidental Orders – Covers other necessary orders.

SECTION 147 : DISPUTES CONCERNING RIGHT OF USE OF LAND OR WATER 

• Commencement – Deals with disputes over land or water use rights.
• Process – Follows a similar procedure to Section 145.
• Interference Prohibition – Allows orders against interference.
• Seasonal Rights – Considers seasonal or occasional user rights.
• Relation to Section 145 – Provides for transitioning disputes between sections.

SECTION 148 : LOCAL INQUIRY

• Deputation – Authorizes delegation of inquiries
• Report as Evidence – Allows the report as evidence.
• Costs – Grants authority to determine expenses.

These sections of the Criminal Procedure Code in India encompass a broad range of legal provisions, including the maintenance of public order, handling of disputes, and the conduct of inquiries, all aimed at ensuring justice and public welfare.

Reference:

1-https://m.timesofindia.com/city/ghaziabad/police-step-in-to-tackle-fights-over-strays/amp_articleshow/69380843.cms -THE TIMES OF INDIA

2-https://www.thehindu.com/news/cities/Delhi/conferring-drastic-powers-upon-the-executive-through-section-144-unacceptable/article66664919.ece/amp/ -THE HINDU

3-https://indianexpress.com/article/explained/everyday-explainers/what-is-section-144-crpc-7889519/lite/ -THE INDIAN EXPRESS 

4- https://www.thehindu.com/news/cities/Madurai/full-bench-to-solve-doubts-over-section-145-proceedings/article7320606.ece/amp/ -THE HINDU

5-https://www.thehindu.com/news/national/when-to-call-in-the-army/article30926989.ece/amp/ -THE HINDU