Expansive powers and restrictions under Section 144 of CrPC

Mishra, Shubham Prakash (2020) Expansive powers and restrictions under Section 144 of CrPC. [Working papers (or Preprints)]

[thumbnail of SSRN-id3639080.pdf]
SSRN-id3639080.pdf - Published Version

Download (217kB) | Preview


The recent times have seen an increase in the number of cases where section 144 of the Code of Criminal Procedure has been imposed. The section gives broad and unchecked power to the state which is often criticized. A statute of the British Raj, still being used as a tool for expressing voices and dissents in several cases. The Courts too have upheld its constitutionality and justified the state in its action over the course of time. This paper deals with the consequences of these expansive power that this section provides and the outcomes of that. It will further discuss why a healthy democracy section like this is not required and the legislature needs to draft the section in a better manner with narrow powers to the state.

Item Type: Working papers (or Preprints)
Keywords: Section 144 of CRPC | Powers under Section 144 | Code of Criminal Procedure | Section 144
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 01 Apr 2022 13:49
Last Modified: 01 Apr 2022 13:49
Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...
URI: https://pure.jgu.edu.in/id/eprint/2071


Downloads per month over past year

Actions (login required)

View Item
View Item