CURFEW LAWS OF INDIA
S.B.adil rahman
(Querist) 13 November 2008
This query is : Resolved
What is the law of curfew in India? Ubder which provision of law curfew is imposed? What is the prosecuting section of law and penalty for violation of curfew in India? Can Police cause death by firing for violating curfew?
arunprakaash.m.
(Expert) 14 November 2008
In every district district magistrate has power to maintain public order. under section 144 of CRPC DM has power to impose this section by proclaiming curfew orders.
Jithendra.H.J
(Expert) 14 November 2008
Magistrate who passed the order cannot try the case and punish the person who dsiobeyed! he can file a complaint(AIR 1939 Mad 496)
here is the section 144 of Cr.P.C
144. Power to issue order in urgent cases of nuisance or apprehended danger.
(1) In cases where, in the opinion of' a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material fact of the case and served in the manner provided by section 134, direct any person to abstain from it certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance of injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an at-fray.
(2) An order under this section may, in cases of' emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting it particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof.
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any, affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate Subordinate to him or by his predecessor-in-office.
(6) The State Government may either on its own motion or on the application of any person aggrieved, rescind or alter an order made by it under the proviso to sub-section (4).
(7) Where an application under subsection (5), or sub-section (6) is received, the Magistrate, or the State Government, as the case may, be shall afford to the applicant an early, opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part he or it shall record in writing the reasons-for so doing
Refer section 188 of IPC regarding conviction fro disobedience
Adv.Shine Thomas
(Expert) 15 November 2008
Any Magistrate or police officer not below the rank of Sub-Inspector may fire upon or use force against any person who is acting in contravention of any law or order during curfew.To file a complaint against a policeman,prior consent of the State Govt. is necessary.
K.C.Suresh
(Expert) 17 November 2008
Jithendra has given the answer decorated by shine
Jithendra.H.J
(Expert) 17 November 2008
the permission from the government before filing the complaint against the policemen is not always necessary, it depends on the rank of the police officer
S.B.adil rahman
(Querist) 17 November 2008
"Any Magistrate or police officer not below the rank of Sub-Inspector may fire upon or use force against any person who is acting in contravention of any law or order during curfew"
Kindly support the above information with proper section of law.
