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Section 144 of CrPC is an unsolicited accord by the colonial rulers to the Indian administrations. It grants the power to a magistrate of any sort to issue the order in urgent cases of nuisance or apprehended danger. This is said to prevent any unlawful assembly of more than 5 people, if such assemblage is found, all the people involved can be imprisoned and punished under the charges of ‘riot’ and can be punished for up to 3 years. 

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It contains provisions to clamp off internet services and telephonic networks which is usually done in order to prevent the spreading of rumours, nuisance etc. which have the ability to create ruckus and damage people’s lives and property. Any citizen found defying Section 144 order shall be punished under section 188 of IPC. 

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Gathering of 5 or more persons with the following purpose is said to be unlawful, stated under Section 144 of the CrPC if ;

1. To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant;

2. To resist the execution of any law, or of any legal process;

3. To commit any mischief or criminal trespass, or other offence;

4. By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal rights of which he is in possession or enjoyment, or to enforce any right or supposed right;

5. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

This section was first introduced during the British raj as a tool to prevent the nationalist struggles for independence. But this section has been restored through the CRPC and has been a debated (even controversial in some instances) section from the outset.

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If section 144 is solicited in a particular area, educational institutes and other similar gatherings are deemed closed. Any kind of public gathering/meetings or rallies are considered defying the government rule and are therefore illegal. Which also includes obstructing legal agencies in disbanding an unlawful assembly and/or any kind of hampering with due process of law. This section also bequeaths power on the concerned authorities to cut-off internet in the region. Which was recently a burning issue in Jammu and Kashmir when section 370 was repealed and internet was cut off as a preventive measure in order to stop limit the spread of rumours.

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The application of dhara 144 is limited to 2 months in any given jurisdiction at once, though it is extendable at the perusal of the state government overlooking the need and circumstances. Even then the extensibility period for the same limits to 6 months. It is important to withdraw the implementation of dhara 144 because it hampers the regular and normal lifestyle and the personal liberty of the people residing in the region where dhara 144 is applied. This is only done in order to sustain peace and tranquillity in the area of palpable dispute and potential danger. It can be called an “urgent mechanism/remedy” because it can be applied by the state government and executive magistrate in very little time and through following easy procedures.

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The specified classes of executive magistrates are entitled to apply the given section at their perusal when apprehending potential danger. The magistrate is required to provide sufficient grounds needing such urgent remedies and needs to make sure that the apprehended danger is of such magnitude that it requires such stringent measures. The order needs to be provided in writing listing material facts and following due procedure according to section 134 of CRPC.

Following due procedure is important because many a time such order for the application of dhara 144 is struck down owing to insufficient facts and unwarranted circumstances and sometimes because of mere lack of following of due procedure such as the absence of the mention of a region in which the dhara 144 has to be applied etc., therefore, it is important to follow the procedure laid under section 134 and 144 of CRPC.

Section 144 is prohibitory in nature but does not restrict all types of gatherings, it particularly mentions groups of 5 people or more. It is not the same as curfew, even though sometimes confused. Gatherings smaller than that are fine but curfew restricts all public movement altogether, we need permission from concerned authorities in order to move during a curfew. During the implementation of section 144 ATMs, emergency provisions such as medical and grocery shops remain open. Only essential services are allowed to function. {The Article elaborates on the following lines - section 144, dhara 144, section 144 meaning, sec 144, 144 dhara, article 144, ipc 144, section 144 ipc, 144 section rules, 144 section means, act 144, section 144 rules, sec 144 ipc, ipc 144 section}