The difference between lock down, curfew and Section 144 of crpc
Article 19(1)1 of the Constitution, guarantees certain fundamental rights, subject to the power of the State to impose restrictions on the exercise of those rights. The Article was thus intended to protect these rights against State action other than in the legitimate exercise of its power to regulate private rights in the public interest.
đź“ťArticle 19(2) in The Constitution Of India
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
đź–‹Restrictions on the Freedom of Association
Clause (4) of Article 19 empowers the State to impose reasonable restrictions on the right of freedom of association and union in the interest of "public order" or "morality" or "sovereignty or integrity" of India.
Lockdown is not the same as curfew. One of the foremost differences between the two is that in lockdown, state enforcement authorities like the police cannot arrest persons for not following the lockdown without the permission of the competent court.
👉A lock down is when there is a restriction on assembly but essential services are still available.
👉Section 144 is when assembly is prohibited under the Indian Penal Code (IPC).
👉A curfew is when Section 144 is imposed along with essential services shut down.
👉Citizens cannot be arrested without cause during a lock down but can be booked under Section 188 during a curfew.
đź“ŚWhat is a lock down?
“Lockdown” is not a legal term. The term is being used by government officials and others to describe a situation where free movement of goods is restricted, with the exception of essential items declared by the Government of India under Section 2, 3, 4 of the Epidemic Diseases Act
In India, the restrictions on movement and services have been enforced by state government, after advisories from the Centre. These restrictions derive their legal basis from the Epidemic Diseases Act, 1897.
When an epidemic rages, state governments under Section 2 of the Act have “power to take special measures and prescribe regulations as to dangerous epidemic disease”. The law was enacted because the provision in general laws like the Indian Penal Code were not sufficient to tackle the spread of dangerous infection This section gives state governments sweeping discretionary powers to mould restrictions as per the need.
However, essential services like hospitals, banks, ATMs, grocery stores, vegetables, and milk shops will still be open. In some cities, hotels may also be allowed to operate and there are no restrictions on the media.
Under a lockdown, the police do not have the power to arrest anyone who is violating the lockdown without the court’s permission. They can issue a warning and advise the people to head home.
If the person gets adversarial, the police does have the right to arrest them under Section 269 and 270 of the Indian Penal Code (IPC). If someone were to escape from quarantine, the authorities can book him under Section 271 of the IPC.
What is Section 144?
Section 144 of the IPC restricts the congregation of 5 or more people within a particular area. Under the law, anyone found in violation will be booked for disobeying a public servant under Section 188.
đź“ŚWhat is curfew?
Under Section 144, an executive magistrate can issue any order restricting any individual or group of individuals from committing certain acts. The order has to be set in writing with clear reasons. Usually, prohibitory orders state that people cannot gather in a group of more than five.
Article 19(1)1 of the Constitution, guarantees certain fundamental rights, subject to the power of the State to impose restrictions on the exercise of those rights. The Article was thus intended to protect these rights against State action other than in the legitimate exercise of its power to regulate private rights in the public interest.
đź“ťArticle 19(2) in The Constitution Of India
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
đź–‹Restrictions on the Freedom of Association
Clause (4) of Article 19 empowers the State to impose reasonable restrictions on the right of freedom of association and union in the interest of "public order" or "morality" or "sovereignty or integrity" of India.
Lockdown is not the same as curfew. One of the foremost differences between the two is that in lockdown, state enforcement authorities like the police cannot arrest persons for not following the lockdown without the permission of the competent court.
👉A lock down is when there is a restriction on assembly but essential services are still available.
👉Section 144 is when assembly is prohibited under the Indian Penal Code (IPC).
👉A curfew is when Section 144 is imposed along with essential services shut down.
👉Citizens cannot be arrested without cause during a lock down but can be booked under Section 188 during a curfew.
đź“ŚWhat is a lock down?
“Lockdown” is not a legal term. The term is being used by government officials and others to describe a situation where free movement of goods is restricted, with the exception of essential items declared by the Government of India under Section 2, 3, 4 of the Epidemic Diseases Act
In India, the restrictions on movement and services have been enforced by state government, after advisories from the Centre. These restrictions derive their legal basis from the Epidemic Diseases Act, 1897.
When an epidemic rages, state governments under Section 2 of the Act have “power to take special measures and prescribe regulations as to dangerous epidemic disease”. The law was enacted because the provision in general laws like the Indian Penal Code were not sufficient to tackle the spread of dangerous infection This section gives state governments sweeping discretionary powers to mould restrictions as per the need.
However, essential services like hospitals, banks, ATMs, grocery stores, vegetables, and milk shops will still be open. In some cities, hotels may also be allowed to operate and there are no restrictions on the media.
Under a lockdown, the police do not have the power to arrest anyone who is violating the lockdown without the court’s permission. They can issue a warning and advise the people to head home.
If the person gets adversarial, the police does have the right to arrest them under Section 269 and 270 of the Indian Penal Code (IPC). If someone were to escape from quarantine, the authorities can book him under Section 271 of the IPC.
What is Section 144?
Section 144 of the IPC restricts the congregation of 5 or more people within a particular area. Under the law, anyone found in violation will be booked for disobeying a public servant under Section 188.
đź“ŚWhat is curfew?
Under Section 144, an executive magistrate can issue any order restricting any individual or group of individuals from committing certain acts. The order has to be set in writing with clear reasons. Usually, prohibitory orders state that people cannot gather in a group of more than five.
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