IPC 144 and CRPC 144: Comparing Legal Provisions

 
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IPC Section 144 and CrPC Section 144 are both legal provisions in India that deal with public gatherings and assemblies. However, they serve different purposes and have different consequences.

IPC Section 144 is part of the Indian Penal Code (IPC), which deals with criminal offenses. It states that anyone who joins an unlawful assembly armed with a deadly weapon commits an offense punishable with imprisonment for up to two years, or with fine, or with both.

CrPC Section 144 is part of the Code of Criminal Procedure (CrPC), which deals with the procedure for conducting criminal trials. It empowers a magistrate to issue an order in cases of urgency, for the preservation of public peace and order. This order can prohibit or restrict the gathering of people in a particular area.

Key Differences:

  • Purpose: IPC Section 144 deals with criminal offenses, while CrPC Section 144 deals with maintaining public peace and order.

  • Scope: IPC Section 144 applies to specific individuals who join an unlawful assembly with a deadly weapon, while CrPC Section 144 applies to a defined area and all persons within that area.

  • Penalties: IPC Section 144 carries a criminal penalty of imprisonment, fine, or both. CrPC Section 144 does not carry a specific penalty, but violation of the order may be punishable under other provisions of law, such as contempt of court or obstruction of public servants.

In summary, IPC Section 144 deals with individual criminal liability for joining an unlawful assembly with a deadly weapon, while CrPC Section 144 is a preventive measure to maintain public peace and order by restricting or prohibiting gatherings in a particular area.

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