Category: s. 144 CrPC

Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

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-By Abhinav Sekhri (This is the eighth part in a multi-part series on the Blog. Earlier posts in the series can be accessed here) The previous instalments in this series on Section 144 Cr.P.C. have attempted to trace a history that goes beyond the courtroom and looks at the provision more holistically by turning to the … Continue reading Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)

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By Abhinav Sekhri (This post is the seventh part in a multi-post series. For previous posts, see here) A long time ago, this multi-part series studying the long historical arc of Section 144 Cr.P.C. had reached the decade leading up to India's independence and the coming into force of the Constitution of 1950. This post … Continue reading Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)

Section 144 Cr.P.C. — Part VI: Continuity and Change (1941 to 1950)

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By Abhinav Sekhri (This is the sixth post in a multi-part series. The earlier posts can be accessed here) The two previous posts in this series charted the slow but determined emergence of Section 144, in what was the Criminal Procedure Code of 1898, as an integral part of the toolkit of repressive laws that was … Continue reading Section 144 Cr.P.C. — Part VI: Continuity and Change (1941 to 1950)

Section 144 Cr.P.C. — Part V: Combating the Repressive Law (1921 to 1940)

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By Abhinav Sekhri (This is the fifth post in a multi-part series. Earlier posts can be accessed through here) The previous post in this series discussed how a growing political consciousness across British India led worried administrators to use the law as a means to suppress civil liberties. Section 144 of the Criminal Procedure Code … Continue reading Section 144 Cr.P.C. — Part V: Combating the Repressive Law (1921 to 1940)

Section 144 Cr.P.C. — Part IV: Public Order and Political Agitation (1901 to 1920)

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By Abhinav Sekhri (This is the Fourth Post in a series on the Blog. Previous posts can be accessed here) The previous post expanded upon the officers who dealt with the powers conferred under what, by 1898, was Section 144 of the Criminal Procedure Code [Cr.P.C.]. The post also elaborated upon the expansion of such powers … Continue reading Section 144 Cr.P.C. — Part IV: Public Order and Political Agitation (1901 to 1920)

Section 144 Cr.P.C. – Part III: Expansive Powers, in the hands of many officers

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By Abhinav Sekhri (This is the third post in a multi-part series on the Blog on Section 144, Cr.P.C. The previous posts could be found here and here) The previous post traced a historical arc stretching from 1861 till the end of the 19th Century to show the gradual development of Section 144, Cr.P.C. It … Continue reading Section 144 Cr.P.C. – Part III: Expansive Powers, in the hands of many officers

Section 144 Cr.P.C. — Part II: Origins, Use, and the “Rule of Law” (From 1861 till 1901)

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By Abhinav Sekhri (This is Part II in a multi-post series on the Blog. The previous post can be accessed here) In this post, the agenda is threefold: (i) offering a history of how the text behind what is Section 144 of the Criminal Procedure Code [Cr.P.C.], 1973 evolved during the first thirty years of its existence;(ii) showing … Continue reading Section 144 Cr.P.C. — Part II: Origins, Use, and the “Rule of Law” (From 1861 till 1901)

Internet Shutdown under Section 144: Only Alternative?

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By Milind Rajratnam and Shivang Yadav  “Censorship is to art as lynching is to justice.” - Henry Louis Gates Jr. INTRODUCTION The UNHRC has passed a resolution that makes access to the internet a basic human right. Recently in the case of Faheema Shirin R.K. v. State of Kerala, the Kerala High Court has held … Continue reading Internet Shutdown under Section 144: Only Alternative?

Section 144 CrPC — Part I

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By Abhinav Sekhri (This is the first part of a new multi-part series on the Blog) December 19, 2019. Thousands of people took to the streets across several major cities of India. The photographs would later reveal just how diverse the gatherings were: many students, of course, but numerous old men, women and salaried employees … Continue reading Section 144 CrPC — Part I

Imposition of Restrictions under Section 144 Cr.P.C. and the Test of Proportionality

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By Mayur Kulkarni  Introduction A three-judge bench of the Supreme Court handed down its judgment in the case that challenged the five-month-long internet shut-down and an Emergency-like imposition of Section 144 Cr.P.C, in Jammu and Kashmir post the de-operationalization of Article 370. The Court inter alia held that freedom to practice any profession or carry … Continue reading Imposition of Restrictions under Section 144 Cr.P.C. and the Test of Proportionality