difference between Section 144(2) and Section 145 of Cr.pc?


difference between Section 144(2) and Section 145 of Cr.pc?

Answers (3)


195 votes

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


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284 votes

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.

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190 votes

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

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