Law Guru Ashu Gupta

‘LOCK DOWN’, ‘SECTION 144’, ‘CURFEW’ & ‘JANTA CURFEW’ ?

In which manner the COVID-19 cases have rapidly increased, it seems that either most of the people are not aware of the mis-consequences of this Epidemic Disease or is not taking it seriously which may be very harmful to all humanity. It is time to re-think ourselves and pay our duties in favour of our nation as well as humanity.

That’s why we have to decide to wake up all persons to contribute to defeat this epidemic disease as earliest. For which we have to know the legal provisions which are imposed by the Government to protect us & for knowing whom we people are also very curious.

Here, we will discuss those provisions like LOCKDOWN, SECTION 144 & CURFEW. And will try to know the difference among them :

LOCKDOWN :

1) Lock Down are declared by the Government in a situation to control the Pandemic or Epidemic Diseases.

2) It’s the only purpose to maintain social distancing to save people's
life from any Epidemic disease.

3) In Lockdown situation, there is the flexibility to minimize the disturbances in Public life.

4) There are restrictions on business continuation as regular, but the
supply of essential services, like Grocery shops, Hospitals, Banks,
Vegetable & Milk Shops are allowed to continue.

5) Business are advised to let the people work from home.

6) People Gatherings are also restricted as per guidelines issued by
the government.

7) Generally, People are not arrested during it, but
Section 188 of IPC can be imposed according to Section 3 of Epidemic Disease Act,1897 which contains the disobedience to order duly promulgated by the Public Servant in which a person may be punished with the simple imprisonment for a term of 1 month to 6 months, or with fine for Rs.200 to Rs.1000, or both.

8) During Lock Down, Police has also right to arrest the person under Section 268 of IPC for Public Nuisance.

9) If the Person negligently or maliciously acts to spread the diseases, Police has the right to arrest them under Section 269 & 270 of IPC respectively in which the person may be punished for the imprisonment of 6 Months to 2 Years, or with fine, or both.

10) And if the Person tries to escape from Quarantine, it can be penalized under Section 271 of IPC with the imprisonment of maximum 6 months, or with fine, or both.

SECTION 144 (CRIMINAL PROCEDURE CODE 1973) :

1) Section 144 of the CRPC authorizes the Executive Magistrate of any state or territory to issue an order to ban the assembly of 5 or more people in an area consistent with the law, every member of such 'unlawful assembly' are often booked which are clearly mentioned under Section 141 to 149 of IPC as punishable offence & contains with the imprisonment of 6 Month to 3 Years, or fine, or both.

2) It generally prohibits Public gathering.

3) It is imposed on the apprehension of breach of Public Peace & Order.

4) It is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property.

5) Obstructing enforcement agencies from dispersing an unlawful assembly may be a punishable offence.

6) It also empowers the authorities to dam the web access.

7) It can remain effective for 2 Months & extend up to 6 months.

8) If any person found to violate the imposition of Section 144, he will be booked under Section 188 of IPC also for disobeying the order of Public Servant.

9) It is more restricted than Lockdown.

CURFEW :

1) An order of imposing the Curfew is issued in the more severe situation under the authority of Executive Magistrate & Police Commissioner.

2) When Section 144 is imposed along with the shutdown of essential services, it is called ‘Curfew’.

3) In addition to Section 144, all these essential services will be closed until the next order issued by the Government / Officials.

4) No one is allowed on the street except for Police Administration & Personnel.

5) During Curfew, People are told to remain inside for a specific timeframe.

6) If it is abused by anybody, Police has the option to make a severe move under the above said Punishable Offenses or more others. Implies that Violation of Curfew can prompt your quick detainment by the police.

7) During Curfew, People cannot leave their home without prior police permission.

8) It is more stringent than Section 144.

JANTA CURFEW :

While the term ‘Janta Curfew’ is free from all the above-said restrictions because it is imposed on the People by themselves.

Hope, you will understand all the aspects which were very curious in the mind of every person in that Pandemic era. And it will be very helpful for knowing all the legal aspects of the above said Legal Terms.

So, Be Safe & Healthy…….

Thank You..

Search for more :