Section 144 CrPC (Now BNSS 163): Prohibitory Orders Explained (2026)

Explainer · Criminal Procedure

Updated for 2026 · Claw Editorial

Section 144 CrPC lets a District Magistrate or another authorised Executive Magistrate issue an order to prevent an apprehended danger or disturbance. It is commonly used to ban the gathering of four or more people and to restrict movement or events in an area for a limited period, up to 2 months. Under the new code it is Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

01What Section 144 CrPC is

Section 144 of the Code of Criminal Procedure, 1973 is a preventive power. It lets the State act before trouble happens, not after. The order is passed when there is a real apprehension of danger, annoyance, obstruction, injury, or a breach of public peace.

Why the law gives this power

Public order cannot always wait for a full hearing. A rally, a communal tension, an exam, or a festival can turn violent within hours. Section 144 gives the magistrate a fast tool to act in urgent cases.

Why it is controversial

The same speed that makes it useful also makes it easy to misuse. Courts have said the power must be used with care, for a real reason, and with proportionate limits. Orders that look routine, vague, or repeated without fresh cause can be challenged.

Section 144 is a power to prevent a likely disturbance, not a licence to suppress lawful protest or ordinary activity.

02Who imposes a Section 144 order

A District Magistrate, a Sub-Divisional Magistrate, or another Executive Magistrate empowered by the State Government can pass the order. In practice, most orders you read about in the news come from the District Magistrate or the Police Commissioner where a commissionerate system applies.

• Written order: the order must state the material facts that led to it, so that it can be reviewed.
• Urgent cases: where there is no time to hear anyone, the magistrate can pass an ex parte order, meaning without notice to the affected people.
• Public notice: the order must be made known to the public in the area, usually by proclamation, newspaper, or official notice.

A person affected by the order can ask the magistrate to rescind or change it. They can also go to the High Court, usually under Article 226 of the Constitution.

03How long a Section 144 order lasts

A Section 144 order lasts for up to 2 months from the date it is made. This is the basic limit in the law.

The State Government can extend it, but only in a narrower case: where it is needed to prevent danger to human life, health, or safety, or to prevent a riot or an affray. Even then, the outer limit is 6 months. After that, the order must end.

This is why you should always read the start date, end date, and area in the actual order. A news line like "Section 144 imposed" does not tell you how long or where it applies.

04What a Section 144 order prohibits

The order can direct a person to do something or to stay away from something. What it bans depends on the wording of that particular order. Common restrictions include:

• Gathering of a fixed number of people in one place. Orders often say four or more, and some say five or more, so check the text of the order.
• Rallies, processions, dharnas, and public meetings.
• Carrying weapons, lathis, or other objects that can cause harm.
• Use of loudspeakers or entry into a named area.
• In some cases, limits on mobile internet. The Supreme Court in Anuradha Bhasin v. Union of India (2020) said that such restrictions must be necessary, proportionate, temporary, and reviewable.

Disobeying a valid order is an offence. Under the old law it was punished under Section 188 of the Indian Penal Code, which is now covered by the Bharatiya Nyaya Sanhita.

05Is Section 144 the same as a curfew?

No. Section 144 is not a curfew. A curfew is a much stricter measure that generally confines people to their homes during stated hours. Section 144 mainly stops gatherings and certain acts, while people can usually move about for normal work.

Authorities sometimes use both together, which is why the two are often confused. The words of each order decide what is allowed.

06CrPC Section 144 to BNSS Section 163

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 144 CrPC is now Section 163 BNSS. The power, the magistrates who hold it, and the 2 month limit continue in the new section.

For FIRs and cases filed after 1 July 2024, cite BNSS. For older events, cite CrPC. Many judgments still use the old numbers, so keep both handy when you research. Related provisions have also moved. For maintenance, see Section 125 CrPC, and for arrest see Section 41 CrPC.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For prohibitory orders, the work is usually a writ or a challenge before a High Court, so the key task is finding on-point judgments quickly and citing them correctly under both CrPC and BNSS numbers. Claw’s AI case search covers the Supreme Court and 25 High Courts. If you handle many criminal matters and need to track them across courts, see our guide to FIR and criminal case management software. Claw has a free plan for individual advocates.

08Sources and further reading

• Bharatiya Nagarik Suraksha Sanhita, 2023 and CrPC, 1973: indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

This is general information, not legal advice. Always read the actual order and the current text of the statute. Last verified October 2026.

09Frequently asked questions