Covid-19 Legal provisions with respect to Lockdown

June 19, 2020

There are certain legal provisions with respect to a lockdown which one must be aware about. Furthermore, there is a kind of confusion as a result of misinformation circulated over the net about Section 144.

When it is announced that Section 144 is in operation, it means that Section 144 of the Code of Criminal Procedure (CrPC) is in operation and not that of Indian Penal Code (IPC). This needs emphasis because the statements commonly made refer to Section 144 of Indian Penal Code, which is incorrect.

Difference between Section 144 of the Indian Penal Code and Section 144 of the Code of Criminal Procedure:

Section 144 of the Indian Penal Code deals with a form of unlawful assembly. The ingredients of unlawful assembly are very different and it is an offence defined under the Indian Penal Code. On the contrary, the Section 144 of the Code of Criminal Procedure, is procedural in nature. It does not define any offence, but it establishes a prescription for a lockdown.

Under Section 144 of the Code of Criminal Procedure, a District Magistrate is given powers to put certain restrictions on a person to abstain from doing certain actions or to take certain orders with respect to certain property. This order can be passed for an individual or to number of individuals in a particular area. Basically, public movement is restricted by exercising powers under this Section. And this is what is known by enforcement of Section 144 or a curfew in layman’s language.

How long can restrictions under Section 144 be in force?

The restrictions under Section 144 can be put in force for a period of two months. Should the State Government for any reason feel that the restrictions under Section 144 need to be extended, then they can do so for a period of six months. During this period, the State Government or the District Magistrate can modify, alter or change the restriction under Section 144 as per requirement.

When can an individual be prosecuted during a Lockdown and under what provisions?

During a Lockdown, if the directions by the District Magistrate, any public servant or the State Government, are violated or breached by an individual, then such an individual can be prosecuted under the provisions of Indian Penal Code. Usually, in this regard, an individual is prosecuted for provisions under Section 188 and Section 270 of the Indian Penal Code.

Section 188 is with respect to disobedience to an order duly promulgated by a public servant. This means if an individual does not obey orders of a public servant like a district magistrate or a police officer, then an offence under this Section can be registered against such individual and he would be further prosecuted.

The punishment under this Section is in two parts.

First Part – If the disobedience is of such a nature that causes obstruction, annoyance or injury to any person lawfully employed, then the punishment is imprisonment up to 1 month or fine of Rupees 200/- or both.

Second Part – If disobedience is of such a nature that causes danger to human life, health or safety, then the punishment is imprisonment up to six months or fine of Rupees 1000/- or both.

Section 270 of the Indian Penal Code is closely related to a pandemic. It deals with malignant act likely to spread infection of disease dangerous to life. So, it means if an individual act in such a manner that will lead to spreading of a life endangering disease (for instance COVID-19), the he/she would be punished with imprisonment up to six months or fine or both.

Both the offences under Section 188 and Section 270 are bailable offences. So, the arrested person will be released on bail immediately and certain conditions may be imposed on that person while granting bail.

Both the offences under Section 188 and 270 are magistrate triable offences, so they will be conducted before a Magistrate’s Court. All of them are summons triable cases, so plea of the accused will be recorded after he appears before the court upon receipt of a summons. If he pleads not guilty, then the trial will commence and after advancing evidence and arguments by the parties, the judge will pass appropriate judgment. Both the offences being non-compoundable, they cannot be settled.

Can you challenge the Complaint/FIR?

An individual may challenge the complaint/FIR against him/her by filing a quashing petition before the High Court or he/she can file an appeal before a Session Court to challenge the order and judgment of conviction passed against him/her.

Click here to see the video explaining the above provisions: https://www.youtube.com/watch?v=ebSVASXugQg

This information has been provided by Hrishikesh Chavan, Advocate and Founder of Law Charcha and is a Member of VCAN’s Panel of Experts

Tags: Be Legally Aware, Health & Covid

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