Synopsis Criminal Law - Iii Ix-Trimester Topic-India and Section 144 of CRPC: An Analysis of Its History The and Application in The Country

SYNOPSIS
CRIMINAL LAW - III
IX-TRIMESTER
TOPIC- INDIA AND SECTION 144 OF CRPC : AN ANALYSIS

OF ITS HISTORY THE AND APPLICATION IN THE COUNTRY
INTRODUCTION
Under the Criminal Procedure Code, wide powers have been conferred on an Executive
Magistrate to deal with emergent situations. One such provision deals with the Magistrates
powers to impose restrictions on the personal liberties of individuals, whether in a specific
locality or in a town itself, where the situation has the potential to cause unrest or danger to
peace and tranquillity in such an area, due to certain disputes. In brief, Section 144 confers
powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger.
Specified classes of magistrates may make such orders when in their opinion there is
sufficient ground for proceeding under the section and immediate prevention or speedy
remedy is desirable.
However with all of this, it appears that there aren’t readily available pieces that engage with
Section 144 at a historical level, and go beyond merely considering judicial decisions to
consider just what role does this provision play in running the Indian state. For instance, there
is hardly any mention about how the executive in so many districts of the country relies upon
Section 144, that provision designed to deal with public order emergencies, to carry out basic
law and order tasks such as making sure CCTV cameras are installed in public spaces and
shops.
This project, is therefore an attempt to fill the gap in our appreciation of Section 144, looking
at it from the lenses of law, history, and politics. Besides tracing the larger historical arc of
this provision, which I think is of value in and of itself, the project will then try and engage
with broader issues of law and order policing and what might be fairer ways of trying to
accomplish the objectives of security and the maintenance of public order in a way that does
not rely solely upon the threat of prosecution and causes the least restriction of democratic
expression. The project will take us back to the start, and discuss the birth of Section 144, the
kind of legal logic it followed, and the kind of historical circumstances that compelled its
insertion in the criminal codes of colonial India.
STATEMENT OF PROBLEM
Though there have been legislative and judicial pronouncements with respect to the section,
there are no set guidelines or empirical records related to how the executive applies the
section within India.
OBJECTIVES OF STUDY
 To critically examine the judicial decisions of colonial application of the rule.

 To understand the different classical laws that helped shape the present section
 To derive a answer as to how the freedom of civil rights and the maintenance of
public order can co-exist.
HYPOTHESIS
looking at the section from the lenses of law, history, and politics cumulatively, would aid in
a better application of the section which would cause the least restriction of democratic
expression.
RESEARCH QUESTIONS
 What is the present state of application of Section 144 in India?

 How did this present application of section 144 came to be?
 What was the perception of authorities and civilians with respect to section 144 in
different periods of time?
LITERATURE REVIEW
Abhinav Sekri, ‘Section 144: A critical analysis of the history of the section’, The
Criminal Law Blog National Law University, Jodhpur, 22 February 2020.
In this multi-part analysis, the author attempts to closely interpret the historical and political
aspects of section 144. The relevant socio-economic conditions that are in play while section
144 is applied in a region are also discussed. he paper begins its analysis by first expounding
on the scope of section 144, followed by the explanations regarding the conditions that need
be fulfilled in order to invoke it. Further in the paper, details of an order under this section are
elaborated upon, like its contents, duration and mode of its service. While explaining the
above, judicial pronouncements have been relied upon to substantiate as well as elucidate the
meaning of the section.
Criminal Procedure Code (Students Edition) Lexis Nexis; First edition (1 September
2014)
Ratanlal and Dhirajlal's Criminal Procedure Code is a comprehensive study on all important
aspects of criminal law updated with the amended provisions of the Criminal Law
(Amendment) Act, 2013. Most recent judgments of the Supreme Court and High Courts have
been discussed in all chapters. The book also includes relevant provisions from The Indian
Penal Code and The Law of Evidence.
SUBMITTED BY-
AMULYA UPADHYAY
2017BALLB126

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SYNOPSIS

CRIMINAL LAW - III

TOPIC- INDIA AND SECTION 144 OF CRPC : AN ANALYSIS

 To critically examine the judicial decisions of colonial application of the rule.

 What is the present state of application of Section 144 in India?

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