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

by | Oct 11, 2023

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 ForceAllows 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 LawsuitsOffers 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 PreventionAllows 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 ReceiverRequires 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 145Provides 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

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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