People who violate magisterial orders that prohibit assembly of four or more individuals will now be liable to face criminal cases in Gujarat as the President Droupadi Murmu has given her assent to the Code of Criminal Procedure (Gujarat Amendment) Bill, 2021.
The bill empowers the administration to register criminal cases against those who are staging protests in violation of Section 144 of the Code of Criminal Procedure (CrPC). Orders under the Section 144 of CrPC are imposed to prohibit the assembly of four or more people so that law and order can be protected in an area, home ministry officials said.
The State Assembly of Gujarat passed the bill last March.
According to the bill, the breach of the magisterial order will be construed as a cognisable offence under Indian Penal Code Section 188 (disobedience to an order duly promulgated by a public servant). The section 144 is used to declare curfew in an area to prevent spread of agitations. The maximum punishment for violators under the Section 188 of the Indian Penal Code is 6 months jail.
The bill amends Section 195 of the CrPC which states that no court shall take cognisance of any criminal conspiracy for contempt of the lawful authority of public servants, except on the complaint in writing of the public servant concerned.
The statement and objects of the bill said that the Gujarat government, police commissioners and district magistrates will be empowered, once it becomes a law, to issue prohibitory orders, restricting any person from a certain act or for prevention of disturbance of public tranquillity or a riot or an affray to maintain public order on various occasions, said the ministry officials. The order under section 144 is valid maximum upto six months and have to reviewed there after.
According to the Section 195 of the CrPC 1973, public servant issuing such orders are mandated to become complainant against the violators due to which officials become reluctant to enforce the law.