LOCKDOWN, CURFEW AND SECTION-144 OF IPC

Since the COVID-19 (Coronavirus) has destroyed many country all over world wide now it has entered in India. On 31 December 2019 the first case of coronavirus was detected in Wuhan, China and in India it was reported on 30 January 2020. So the Indian government order for lockdown in all the states of India for 21 days from 25 March 2020 till 14 April 2020 and is now extended to 3 May 2020. A lockdown is when there is a restriction of on assembly but essential services are still are available.

What is lockdown?

A lock down can be enforced by a Collector or Chief Medical Officer in their particular area under the Epidemic Diseases Act, 1897. This gives them the power to restrict the assembly of 5 or more people in close quarters.

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. Article-19 of the Indian Constitution provides to all citizens assemble peaceful but without arms this article is not Abouslte it has some reasonable restrictions

What is curfew?

Curfew is when the power is with the Collector and the Police Commissioner. In addition to Section 144, all essential services are also shut down. Aside from emergency services like hospitals — banks, ATMs, grocery stores, vegetables and milk shops will all be shut.

Only administration and police personnel are allowed on the street. Once the curfew is implemented, the district administration is exempt from action.

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