A Project on “Laws relating to maintenance of public

order and tranquility.”

Manipal University Jaipur

School of Law

Supervised by: Submitted by:

Dr. Sonu Agarwal Name- Sanjana Sachan

Registration No.-161401087

B.A. LL. B (Hons.)

Section- B
 CERTIFICATE

This is to certify that Ms. Sanjana Sachan, student of B.A, LL. B (Hons.) Fifth Semester, School
of law, Manipal University Jaipur, has completed the project work entitled “Laws relating to
maintenance of public order and tranquility.” under my supervision and guidance.

It is further to certify that the candidate has made sincere efforts for completion of this
project.

Supervisor Name: ______________(Signature)

Dr. Sonu Agarwal

In performing our assignment, I had to take the help and guidance of some respected persons
who deserve our greatest gratitude. The completion of this assignment gives me much pleasure.
I would like to show our gratitude to Dr. Sonu Agarwal, Course Instructor, Manipal University
Jaipur for giving us good guideline for assignment throughout numerous consultations. I would
also like to expand our deepest gratitude to all those who have directly and indirectly guided
us in writing this assignment.

In addition, a thank you to the Professor who introduced us to the Methodology of work and
whose passion for the “underlying structures” had lasting effect. I also thank the Manipal
University Jaipur for the consent to include the copyrighted pictures as a part of our paper.

Many people, especially our classmates and team members itself have made valuable comment
suggestions on this proposal which gave us inspiration to improve our assignment. I thank all
the people for their help directly and indirectly to complete our assignment.

SANJANA SACHAN
 Table of Contents

CERTIFICATE ..................................................................................................................................... 2

ACKNOWLEDGEMENT .................................................................................................................... 3

DEFINITION ........................................................................................................................................ 5

Powers of Magistrate under Maintenance Of Public Order And Tranquility ................................ 6

LAWS RELATING TO MAINTENANCE OF PUBLIC ORDER & TRANQUILITY ................ 9

TABLE OF CASES............................................................................................................................. 11
 DEFINITION

What is Public Order?

Public order crime should be distinguished from political crime. In the former, although the
identity of the "victim" may be indirect and sometimes diffuse, it is cumulatively the
community that suffers, whereas in a political crime, the state perceives itself to be the victim
and criminalizes the behaviour it considers threatening. Thus, public order crime includes
consensual crime and victimless crime. It asserts the need to use the law to maintain order both
in the legal and moral sense. Public order crime is now the preferred term by proponents as
against the use of the word "victimless" based on the idea that there are secondary victims
(family, friends, acquaintances, and society at large) that can be identified.

What is Tranquility?

Tranquility is defined as a state of peace or calm.

Power of Magistrate to direct local investigation and examination of an expert (Section

The Magistrate may :

direct to conduct a local investigation by such person as he thinks fit; or

summon and examine an expert.

Such investigation and examination conducted for the purposes of an inquiry under section 137
or section 138.

Power of Magistrate to furnish written instructions, etc. (Section 140)

1. Where the Magistrate directs a local investigation by any person under section 139.

The Magistrate may

give written instruction to such person as may seem necessary for his guidance;

declare who shall pay, the whole or any part of the necessary expenses of the local
investigation.

2. The report of such person may treated as evidence in the case.

Where the Magistrate summons and examines an expert under section 139. The Magistrate
may direct who will pay the costs of such summoning and examination.
Magistrate may prohibit repetition or continuance of public nuisance (Section 143)

The State Government has empowered

A District Magistrate or

Sub-divisional Magistrate, or

Any other Executive Magistrate

to act under this Section. Any of such Magistrate may order any person not to repeat or continue
a public nuisance for keeping public order as defined in the Indian Penal Code or local law.

Power to prohibit carrying arms in procession or mass drill or mass training with arms
(Section 144A)

1. The District Magistrate may by public notice or order prohibit any area within the local
jurisdiction. If he has a reason to believe that the activity of the carrying of arms in any
procession or the organizing or holding of, or taking part in, any mass drill or mass training
with arms in any public place. Such order shall also given whenever he considers it necessary
for the preservation of public peace or public safety or also for the maintenance of public order.

2. A public notice issued or an order made under this section may directed to a particular person
or persons belonging to any community, party or organisation.

3. Public notice issued or an order made shall not remain in force for more than three months
from the date on which such order issued.

4. The State Government may direct that order issued by District Magistrate shall remain in
force for further period also. But shall not exceed such further period more than six months.
Such direction given by State Government because it considers necessary for the preservation
of public peace or public safety or for the maintenance of public order.

5. The State Government may also as it may deem fit to impose, by general or special order,
delegate its powers to the District Magistrate.

Power to attach subject of dispute and to appoint receiver (Section 146)

considers the case as emergency case or

if he decides that none of the parties in the case such possession as referred to in section 145,
or

if he is unable to satisfy himself as to which of them was then in such possession of the subject
of dispute.

He may attach the subject of dispute until a competent Court has determined the rights of the
parties thereto with regard to the person entitled to the possession thereof. Provided that such
Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer
any likelihood of breach of the peace with regard to the subject of dispute.

When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such
subject of dispute has been appointed by any civil Court, make such arrangements as he
considers proper for looking after the properly or if he thinks fit. Appoint a receiver thereof,
who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed
under the Code of Civil Procedure, 1908. Provided that in the event of a receiver being
subsequently appointed in relation to the subject of dispute by any civil Court, the Magistrate

shall order the receiver appointed by him to hand over the possession of the subject of dispute
to the receiver appointed by the civil Court and shall thereafter discharge the receiver appointed
by him;

may make such other incidental or consequential orders as may be just.

Section 129 – Dispersal of assembly by use of civil force

Section 130 – Use of armed forces to disperse assembly

Section 131 – Power of certain armed force officers to disperse assembly

Section 132 – Protection against prosecution for acts done under preceding sections

Section 133 – Conditional order for removal of nuisance

Section 134 – Service or notification of order

Section 135 – Person to whom order is addressed to obey or show cause

Section 136 – Consequences of his failing to do so

Section 137 – Procedure where existence of public right is denied

Section 138 – Procedure where he appears to show cause

Section 139 – Power of Magistrate to direct local investigation and examination of an expert

Section 140 – Power of Magistrate to furnish written instructions, etc.

Section 141 – Procedure on order being made absolute and consequences of disobedience

Section 142 – Injunction pending inquiry

Section 143 – Magistrate may prohibit repetition or continuance of public nuisance

Section 144 – Power to issue order in urgent cases of nuisance or apprehended danger

Section 144A – Power to prohibit carrying arms in procession or mass drill or mass training
with arms
Section 145 – Procedure where dispute concerning land or water is likely to cause breach of
peace

Section 146 – Power to attach subject of dispute and to appoint receiver

Section 147 – Dispute concerning right of use of land or water

Section 148 – Local inquiry

1. Md. Gulam Abbas And Another v. Md. Ibrahim And Others

2. Unknown v. In The Matter Of Madhu Limaye

3. Gulam Abbas And Others v. State Of Uttar Pradesh And Others

4. P.Pugalenthi v. State Of Tamil Nadu

5. E Bhanumati Rao v. The West Bengal State Electricity Distribution

6. Mathew Areeparmatil And Others v. State Of Bihar And Others

7. Jatindra Chandra Roy v. Nayan Ram Phukan And Ors.

8. Mohd Arif Khan v. District Magistrate, Lucknow And Others

9. Mosst. Murtt Dusadhin And Others v. Muhammad Mir Khan And Others

10. Manager, Urrunabund Tea Estate v. Prasad Bhumij

1. http://www.yourdictionary.com/tranquility
2. http://devgan.in/criminal_procedure_code/chapter_10.php#s129
3. http://kanoon.nearlaw.com/2018/01/24/powers-magistrate-public-order/
4. http://www.nchse.org/article-
pdf/2013/Maintenance%20of%20Public%20Order%20and%20Tranquility.pdf
5. https://www.casemine.com/search/in?q=section+144+crpc