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LATEST NEWS UPDATES | Section 144, a vestige of colonial rule -Abhinav Sekhri

Section 144, a vestige of colonial rule -Abhinav Sekhri

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published Published on Dec 20, 2019   modified Modified on Dec 20, 2019
-The Hindu

It is targeted as an insidious provision as it confers almost unbridled powers upon executive officers

India’s criminal justice architecture continues to reflect its colonial heritage, both on paper and in practice. This is perhaps reflected best in the vibrant and unfettered invocation of Section 144 in the Criminal Procedure Code, 1973 [“Cr.P.C.”], which confers upon executive officers such as executive magistrates or sub-divisional magistrates, unimaginable powers for passing orders to tackle any urgent cases of “nuisance” or “apprehended danger” that may arise in their territorial jurisdiction, where such orders will “prevent or are likely to prevent” any adverse impact upon human life, health, safety, or prevent “a disturbance of the public tranquillity.”

In theory, Section 144 embodies very noble ideas. It is a manifestation of the idea that exceptional times call for exceptional measures, something very few of us would disagree with. But rather than simply conferring a carte blanche upon executive officers, Section 144 circumscribes these powers by stipulating conditions that must be complied with before any order can be passed [clause (1)], while also fixing spatial and temporal limits to ensure that the exception does not overwhelm the norm [clauses (2) through (4)]. Thus, as a rule, an order under Section 144 must be passed after giving prior notice and a hearing to the persons whose rights will be adversely affected, and only “in cases of emergency” can this requirement be waived.

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The Hindu, 20 December, 2019, https://www.thehindu.com/news/national/backgrounder-section-144-a-vestige-of-colonial-rule/article30352392.ece?homepage=true


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