When Law Creates Crimes – on Use of Section 144

Source: The post is based on the article “When Law Creates Crimes – Instead of emergency use, police is deploying Section 144 to bring routine everyday situations under its purview, treating the entire population as potential criminals” published in The Times of India on 24^th April 2023.

Syllabus: GS 2 – Governance – Criminal Justice System

News: Section 144 of the CrPC was imposed in parts of Bihar and West Bengal amidst violence erupting during Ram Navami processions.

What is Section 144 of the CrPC?

Click Here to Read

What are some of the findings on imposing Section 144 in Delhi?

As per the RTI response, 6,100 orders were passed under Section 144 by Delhi police during the one-year period.

This large number of orders suggests that Delhi police used Section 144 as a tool in general situations as well, instead of using it just as an emergency instrument.

As per the findings, 25% of the 5,400 orders were issued to various private establishments to install CCTV cameras for surveillance purposes, such as ATMs and banks, owners of girls’ schools/PGs/hostels, etc.

Further, 43% of the Section 144 orders were issued to regulate a variety of businesses and services including recording and registering of documents.

These orders mandated landlords/property owners/ factory owners to furnish details regarding tenants/ laborer/servants before providing them with accommodation.

Moreover, 1.5% of the orders focused on imposing a blanket restriction on unlawful assembly.

Some of the orders issued under Section 144 even regulated activities such as the use of “special manjhas” while flying kites, bursting crackers, while other orders prohibited the consumption of tobacco in hookah bars, etc.

What are some of the issues associated with the findings?

First, these orders treated the entire class of the population as potential criminals, who require constant monitoring and surveillance. As a result, everyday situations were brought under the purview of the state.

Second, Section 144 has been used to create a parallel surveillance network, with no legal accountability and zero oversight.

Third, a large number of these orders were issued again after the expiry of the two-month period, leading to a cyclical state of Section 144.

The Supreme Court has passed a series of judgments emphasizing that the use of Section 144 should be restricted and time limited. However, this does not seem to be the reality on the ground, especially in Delhi.

Hence, it is time for a change and a need to rethink the place of Section 144, CrPC in our democratic polity.