Section 144A – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.

1[144 A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.-

(1) The District Magistrate may, whenever he considers it necessary so to do for the prevention of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place.

(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation.

(3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made.

(4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order; by notification, direct that a public issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification.

(5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate.

Explanation. – The word “arms” shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).]

CrPC (Amendment) Act, 2005 (Notes on Clauses)

Section 144 A enables the District Magistrate to prohibit mass drill or mass training with arms in public places. This section has been added to curb the militant activities of certain communal organisations and to strengthen the hands of State authorities for effectively checking communal tension and foster a sense of complete security in the minds of members of the public.

1. Ins. by Act 25 of 2005, sec. 16.

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