Is Section 144 And Curfew The Same? Know Key Differences as Prohibitory Orders Imposed in Karnataka And Uttar Pradesh Amid Anti-CAA Protests

In view of call for protests against the Citizenship Amendment Act (CAA) 2019, Section 144 has been imposed in several parts of the country including Karnataka and Uttar Pradesh. Section 144 of CrPC (Code of Criminal Procedure) prohibits the assembly of five or more people, holding meetings or carrying weapons. To get such a situation under control, Section 144 is imposed. You must have often heard of it as curfew, but what is the exact law? Section 144 Imposed in Bengaluru, Parts of Karnataka For 3 Days as Anti-CAA Protests Spread Across State.

Section 144 of the Code of Criminal Procedure: This section of the law prohibits an assembly of five or more people in a particular area. If any person is found engaging in such an ‘unlawful assembly’ then they could be charged for rioting. The maximum punishment for such an act could go up to 3 years of imprisonment. It is even a punishable offence if somebody obstructs the police from preventing such an assembly. Puducherry Joins Punjab, MP, Bengal, Kerala to Oppose CAA; CM V Narayanasamy Says Law Won't be Implemented.

The first time this section was imposed was in 1861 during the British Raj, it proved a good measure to prevent protests. So, all the nationalist protests during the Indian Independence Movement could be controlled by Section 144.

Is Section 144 and Curfew the Same?

A curfew is when a law orders people to stay indoors for a specific period of time. It prohibits any person to move out without approval from authorities. Curfew is imposed for only a specific amount of time and in a particular area. The educational institutions, markets and shops remain shut and very selected services are allowed to function.

Section 144 bars mob gatherings but it does not control it all. A curfew is a larger action taken to control the grave situation. In a curfew, you need permissions to move about. The element of time is very important in these restrictory orders. So an imposition of Section 144 and curfew is not the same, though at many times people use the terms interchangeably.

(The above story first appeared on LatestLY on Dec 19, 2019 10:15 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).