Imposing a Curfew

When states impose a curfew, they pass orders under Section 144 of the Criminal Procedure Code, 1973.

This is a order passed by the District Magistrate or Sub-Divisional Magistrate or Executive Magistrate empowered by the State when immediate prevention is required and when such orders or direction would prevent or is likely to prevent:

• Any obstruction, annoyance or injury to any person or a danger to human life
• Health, safety or disturbance of public tranquility
• Riot or an affray (group fighting)

A Section 144 order is directed either to particular individual or a group of persons residing in a place or to the public in general when visiting a particular place. 

Restrictions under the Curfew

The restrictions are:

• Prevent protests that can lead to unrest or riots. 
• Prevent epidemics which affects public health.
• Restrict the carrying any sort of weapon 
• Restrict Movement of public 
• Closure of all educational institutions 
• Ban on holding any kind of public meetings or rallies 

Violating Curfew

The punishment for violating the curfew orders or Section 144 are:

• Negligently spreading infection of a disease ¹. The punishment is jail time up to six months, or with a fine or with both.
• Disobedience of an order issued by a public servant ². The punishment is jail time up to
• Being a member of an unlawful assembly³. The punishment is jail time up to six months, or with fine, or with both 
• Rioting ⁴.The punishment is jail time up to two years, or with fine, or with both.
• Punishment for Obstructing an officer or Government employee ⁵. The punishment is jail time up to 1 year with fine or both.
• Punishment for false warning⁵. Causing panic by circulating a false alarm or warning regarding a disaster or its severity is a crime. The punishment is jail time up to 1 year or fine.

1. Section 269, Indian Penal Code, 1860[↩]
2. Section 188, Indian Penal Code, 1860[↩]
3. Section 143, Indian Penal Code, 1860[↩]
4. Section 147, Indian Penal Code, 1860[↩]
5. Section 55, National Disaster Management Act, 2005[↩][↩]