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What is Section 144? All you want to know about the prohibitory order used after Dera violence

As mob run amok in satellite town of Panchkula, India watched one of the worst violent clashes in recent times.

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Security forces walk past burning vehicles set ablaze by rioting followers of Dera leader Gurmeet Ram Rahim Singh convicted of rape in Panchkula.
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As mob run amok in satellite town of Panchkula, India watched one of the worst violent clashes in recent times.

The mob rampage that was sparked after the conviction of Gurmeet Ram Rahim Singh in a rape case has so far claimed 30 lives.

With the authorities grappling with the situation, Section 144 has been imposed in Delhi, Ghaziabad and Noida as a preventive measure.

So, in case you are confused and wondering what's happening in Delhi and the adjoining areas, don't worry. Here's all you need to know about difference between Section 144 and curfew:

What's Section 144?

The Section 144 of the Criminal Procedure Code (CrPC) prohibits any assembly of five or more people in an area where it has been imposed.

According to the law, every member of such "unlawful assembly" can be booked for "engaging in rioting". The maximum punishment for such act is three years.

Moreover, obstructing police from breaking up an unlawful assembly is a punishable offence as well.

The history of this Section goes back to British Raj. Section 144 was used for the first time in 1861 by the British Raj, and thereafter became an important tool to stop all nationalist protests during the India's Independence Struggle.

However, the use of the section in Independent India remains controversial as very little has changed.

Does Section 144 means curfew?

Well, no, the Section is generally prohibitory in nature. It restricts from public gathering, but doesn't bar it all together.

A curfew, on the other hand, orders people to stay indoors for a specific period of time. So, the authorities can impose curfew for certain period of time. The element of time if very important. However, the authorities can also extend the curfew if the need be.

Most importantly, you need a prior approval from the local police in case you want to move out during curfew.

So, now you know that the administration has just issued a prohibitory order (Section 144) in and around Delhi. But thankfully, there is no curfew in the national capital.

 

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