Those who violate judicial orders that prohibit assembly of four or more persons will now be liable to face criminal cases in Gujarat as President Draupadi Murmu has given his assent to the Code of Criminal Procedure (Gujarat Amendment) Bill, 2021. consent has been given.
The bill empowers the administration to register criminal cases against those who are protesting in violation of section 144 of the Code of Criminal Procedure (CrPC). Home Ministry officials said the orders under Section 144 of the CrPC prohibiting the assembly of four or more people have been imposed to protect law and order in an area.
The state assembly of Gujarat had passed the bill last March.
According to the Bill, disobedience of a magisterial order will be made a cognizable offense under section 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code. Section 144 is used to declare curfew in an area to prevent the movement from spreading. The maximum punishment for violators under section 188 of the Indian Penal Code is 6 months in jail.
The Bill amends Section 195 of the CrPC, which states that no court shall take cognizance of any criminal conspiracy for contempt of lawful authority of public servants, except on a complaint in writing by the public servant concerned.
The Statement and Objects of the Bill states that the Government of Gujarat, the Police Commissioners and the District Magistrates shall be empowered after enactment to issue prohibitory orders prohibiting any person from performing a certain act or disturbing the public peace. Ministry officials said rioting or rioting is done to maintain public order on various occasions. The order under section 144 is valid for a maximum period of six months and is subject to review thereafter.
As per Section 195 of CrPC 1973, public servants who issue such orders are mandated to become complainants against violators, due to which officials become reluctant to enforce the law.