Important Provisions
Maintenance of public order and tranquillity is a fundamental responsibility of the government and law enforcement agencies in any society. This concept involves measures and efforts to prevent and address situations that can disrupt peace, safety, and social harmony. In India, the Code of Criminal Procedure (CrPC) contains several provisions that empower authorities to maintain public order and tranquillity. These provisions include Sections 144, 145, and 146.
Section 144 – Power to Issue Order in Urgent Cases of Nuisance or Apprehended Danger
- Section 144 of the CrPC provides the District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the state government the authority to issue orders to prevent or address urgent cases of public nuisance, apprehended danger, or any other situation that has the potential to disrupt public order and tranquility.
- This section grants the power to impose restrictions on the movement of individuals, the carrying of weapons, and the assembly of people. It can be invoked during protests, processions, or any situation where there is a likelihood of violence or a breach of the peace.
Section 145 – Procedure when Disputes Concerning Land or Water Exist
- Section 145 empowers a Magistrate to intervene and resolve disputes related to land or water rights when such disputes have the potential to lead to a breach of the peace and disturb public tranquility.
- The Magistrate’s intervention includes conducting inquiries, recording statements, and passing orders to maintain peace and tranquility in the affected area.
Section 146 – Power to Restrain Apprehended Breach of Peace or Public Tranquillity
- Section 146 of the CrPC allows the police to take possession of property if there is an apprehension of a breach of the peace or disturbance of public tranquility. The property can be used as a means of preventing or addressing such a breach.
UNLAWFUL ASSEMBLY
An unlawful assembly is a group of five or more than five persons that have a common object and engages in illegal acts such as compelling a person to do an unlawful act.
Section 129: Use of civil force for dispersal of an assembly
The order to disperse any assembly that is an unlawful one and likely to cause disturbance to the public peace may be issued by-
- Any executive Magistrate Officer in charge of a police station or,
- Any police officer who is a sub-inspector or above the rank of sub-inspector in the absence of such officer in charge After this order is issued ,it is the duty of the members of the assembly to whom such notice is issued to disperse accordingly. However, in case the assembly does not comply with the order and does not disperse then any Executive Magistrate or officer-in-charge of a police station or in
absence of the officer-in-charge by a police officer, not below the rank of sub-inspector as empowered under section 129 may use force in order to disperse such unlawful assembly. If necessary, even if a person is not an officer of armed force but acting as one, may arrest or confine the members of such unlawful assembly for subsequent punishing according to the law. Section 130: Use of armed forces to disperse the assembly When an unlawful assembly cannot be dispersed by any other means, and when it is necessary for
the public security that such assembly should be dispersed, it can be dispersed with the help of armed forces by the order of Executive Magistrate of the highest rank present. Such Magistrate may order any officer in command of any group of persons belonging to the
armed forces to take the help of armed forces under his command to disperse the assembly. He is also empowered to arrest or confine the members of such assembly in order to maintain public security in accordance with the orders of the Magistrate. He has also the power to have them punished according to law. The above requirement shall be obeyed by every officer of the armed forces empowered under this section in such manner as he thinks fit. While following the orders and taking any step to maintain public security, he shall use as little force with the objective of maintenance of public order. - Section 131: Powers of certain armed force officers to disperse the assembly
Where the officers of armed force are not in a position to communicate with the Executive Magistrate and it is important for the armed forces to maintain peace and order caused by the unlawful assembly and they cannot wait for the orders from the Executive Magistrate, they shall proceed to deploy force to disperse such assembly. However, during this time, if it becomes viable and possible for them to establish communication with the Magistrate they shall do so and act as per the orders by the Executive Magistrate. - Section 132: Protection against prosecution for acts done under preceding sections
- No prosecution shall be instituted in any Criminal Court against any person for any act purporting
to be done under section 129, section 130 or section 131, except in the case where the central or
state government sanctions the same. Since the officers, the Executive Magistrate, members of
armed forces, and other officers were acting in good faith and as per the compliance with the
sections as a part of their duty, they ought to be provided protection by the law. In case they fail
they shall not be provided protection under section 132.
PUBLIC NUISANCES:
Section 133: Conditional Order for removal of nuisance
Section 133 provides for the passing of conditional order by any District Magistrate or
Sub-Divisional Magistrate or any other Executive Magistrate in case of public nuisance caused by
- The unlawful obstruction or nuisance to any public place or to anyway, river or channel
lawfully used by the public. - The conduct of any trade or occupation or keeping of any goods or merchandise which
is/can be injurious to the health or physical comfort of the community. - The construction of any building, or disposal of any substance, as it is likely to occasion or
explosion. - A building, tent, or structure, or a tree as it is likely to cause damage or injury to a person.
- An unfenced tank, well or excavation near a public place or way.
- A dangerous animal that requires confinement, destruction, or disposal.
The conditional order must specify the time period in which the nuisance or obstruction is to be
removed or resolved. The conditional order can be passed. - to remove the obstruction or nuisance,
- to abstain from carrying on such trade,
- The magistrate shall take evidence as in summoning cases when the person against whom
the order is passed under section 133 of the Code of Criminal Procedure appears and show
cause against the order. - If the magistrate is satisfied, the order shall be made absolute with or without modification
if the order either is reasonable and proper. - If the magistrate is not satisfied, further proceedings shall not be taken in the case.
- Power of Magistrate to direct local investigation and examination of an expert. The
Magistrate may, for the purposes of an inquiry under section 137 or section 138-
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert. - Power of Magistrate to furnish written instructions, etc.
(1) Where the Magistrate directs a local investigation by any person under section 139, the
Magistrate may-
(a) furnish such person with such written instructions as may seem necessary for his guidance;
(b) declare by whom the whole or any part of the necessary expenses of the local investigation
shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may
direct by whom the costs of such summoning and examination shall be paid.
Section 141 lays down the procedure to issue an absolute order directing him to perform order
within the time fixed in the notice. In case if the act is not performed, the magistrate can recover
the cost of performing by the sale of immovable or any movable property.
Section 142 :Injunction pending inquiry: An injunction can be issued against whom the order is
made by a magistrate under section 133 where immediate measure is required to prevent any
imminent danger or serious injury.
Sec 143:Magistrate may prohibit repetition or continuance of public nuisance.
URGENT CASES OF NUISANCE OR APPREHENDED DANGER
- A public notice issued or an order made under this section may be directed to a particular
person or to persons belonging to any community, party or organisation. - No public notice issued or an order made under this section shall remain in force for more
than three months from the date on which it is issued or made. - The State Government may, if it considers necessary so to do for the preservation of public
peace or public safety or for the maintenance of public order, by notification, direct that a
public notice issued or order made by the District Magistrate under this section shall
remain in force for such further period not exceeding six months from the date on which
such public notice or order was issued or made by the District Magistrate would have, but
for such direction, expired, as it may specify in the said notification. - The State Government may, subject to such control and directions as it may deem fit to
impose, by general or special order, delegate its powers under Sub-Section (4) to the
District Magistrate.
Disputes as to immovable property
- Power to attach subject of dispute and to appoint receiver.
(1) If the Magistrate at any time after making the order under sub- section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is 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.
(2) 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 property 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 (5 of 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-
(a) 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;
(b) may make such other incidental or consequential orders as may be just. - Local inquiry.
(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub- divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 145, section 146, or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.
