Caught by Police during Lockdown Curfew

476 votes

With people defying the government order of lockdown, many state governments have announced curfew so that no one could come out of their houses. The order has been implemented to protect the public from the Covid-19 outspread.

Here are the legal provisions that may be invoked to punish the violators:

Section 144: Power to issue order in urgent cases of nuisance of apprehended danger.
Several districts across the country have imposed Section 144 of the Criminal Procedure Code (CrPc) to enforce a lockdown. Section 144 is used to prohibit public gatherings and a gathering of over four people is deemed "unlawful" under this section. This means that if Section 144 has been imposed in your district you cannot organise or attend any mob marches or protests etc. Violators can be booked for "engaging in rioting". The maximum punishment for such an act is three years. Section 188 of the Indian Penal Code (IPC) empowers police to arrest anyone who violates an order promulgated by a public servant. The violator can be punished with imprisonment of up to six months, or with fine which may extend to one thousand rupees, or with both.

Section 270: Malignant act likely to spread infection of disease dangerous to life
The state governments have enforced partial or complete lockdown in at least 80 districts of India to curb the virus issue. As clarified by the authorities, anyone seen loitering around on streets despite strict restrictions can be booked under Section 270 of IPC which applies for a "malignant act likely to spread infection of disease danger­ous to life". A violator can be jailed for up to two years or could be fined or both, without bail.

Section 271: Disobedience to quarantine rule
If you have tested positive for the virus or are a suspected case currently under quarantine then violating restrictions can land you in trouble. The Karnataka government had stated earlier that people who violate quarantine restrictions can be booked under IPC Section 271 (disobedience to quarantine rule) for a non-cognizable offence. Violators can be imprisoned for six months or can be made to pay a fine.

For violating curfew
In simple words under a curfew, you cannot leave your home without prior police permission. It is different from Section 144 as in the latter you can leave your house but cannot move in groups of more than four people; this makes curfew more stringent than Section 144. Violation of curfew can lead to your immediate detention by the police.

LawRato LawRato

977 votes

Hi,
As per the information provided by you, it is essential to understand at why you were breaking the rule under lockdown guidelines. It is recommended to have a meeting so that we can understand the situation and proper and sane advise can be given.

Advocate Ayush Kapur LawRato