Which one of the following is not an act for the prevention of which an order cannot be made under section 144 C.R.P.C. ?

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

Practice Mode:

25.

Which one of the following is not an act for the prevention of which an order cannot be made under section 144 C.R.P.C. ?

A: Disturbance of the Public Tranquility

B: Annoyance to any person lawfully employed

C: Injury to any person lawfully employed

D: None of the above.

The answer is: D

<< Previous Question

Next Question >>

Explanation

The correct answer is D: None of the above.

Section 144 of the Code of Criminal Procedure (CRPC) empowers the Executive Magistrate of any state or territory to issue an order that prohibits the gathering of four or more persons in an area. Those who are part of the ‘unlawful assembly’ can be booked for rioting.

According to Section 144(2) of the CRPC, such an order may be made for the prevention of any of the following matters:

- obstruction, annoyance or injury to any person lawfully employed; or

- danger to human life, health or safety; or

- disturbance of the public tranquillity, or a riot, or an affray.

Therefore, all the options A, B and C are valid grounds for invoking Section 144 of the CRPC. Option D is not correct, as there is no other matter for which an order under Section 144 of the CRPC cannot be made.