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difference between Section 144(2) and Section 145 of Cr.pc?
02-Sep-2023 (In Criminal Law)
difference between Section 144(2) and Section 145 of Cr.pc?
SEC. 145 CrPC is regarding a dispute with regard to the possession of a property. Here physical possession is the main issue.
Sec. 144(2) CrPC is regarding ex-party order in case to emergency to maintain peace and not to disturb public tranquility
Sec. 144(2) CrPC is regarding ex-party order in case to emergency to maintain peace and not to disturb public tranquility
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Adv. Raja Satyajit Banerjee
Kolkata | 100+ Answers
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What is Section 144 CrPC in simple words?
The Criminal Procedure Code of 1973, Section 144, allows the Executive Magistrate to issue an injunction to prevent the gathering of four people or more. The law states that every member of an unlawful gathering is liable for rioting.
What is the difference between IPC 144 and CrPC 144?
While Section 144 IPC charges people who join an unlawful assembly using any weapon capable of causing death. Section 144 is a law that controls the mass gatherings that disturb the peace and tranquility in the public.
Section 144(2) of cr. P. C says “Where there is apprehension of breach of peace, Ld Court (Executive Magistrate) can pass necessary exparte orders on the application/ petition of Petitioner or complainant and direct the Station House Master to see that is no breach of any public tranquility caused by the opposite party, its men, agents and servants.
While Orders under section 145 of cr. P. C are passed, Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
While Orders under section 145 of cr. P. C are passed, Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
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Adv. Sushil Kumar Agarwal
Kolkata | 25+ Answers
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Section 144(2) of cr. P. C says “Where there is apprehension of breach of peace, Ld Court (Executive Magistrate) can pass necessary exparte orders on the application/ petition of Petitioner or complainant and direct the Station House Master to see that is no breach of any public tranquility caused by the opposite party, its men, agents and servants.
While Orders under section 145 of cr. P. C are passed, Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute
While Orders under section 145 of cr. P. C are passed, Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute
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Adv. Chitra Bhanu Gupta
Kolkata | 25+ Answers
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The purpose of Section 144 of the Crpc, is to maintain public order and to keep the peace. In my opinion, a proceeding pursuant to Sections 145/146 of the Crpc, is to maintain the status-quo of the disputed lands. After hearing both parties, possession is granted to either party.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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