'' Can shoot at sight Order Be given'' during curfew under. Section 144 Cr.P.C 1973 ?

Curfew-Section 144 Cr.P.C

          

                                  Can shoot at sight Order Be given during curfew?

            In recent Times of Corona virus @ Covid -19 and a lock down and restrictions are imposed all over India under The  Epidemic-Diseases,Act 1987 and section 144 Cr.P.C  .An effort to curb the spread of deadly virus Novel COVID -19 .Section 144 Cr.PC 1973 has been proclaimed all over India . With it the famously known  in Hindi as '' ek so chawalis '' @section 144 Cr.P.C@ Curfew. Lockdown/Curfew  is the talk of the town and topic of discussion in legal fraternity and all. It has been seen most of the News Channels are debating on Section 144 crpc(Criminal Procedure Code) .

     Recently one of the  Chief Minister of Indian States has given a statement in media that if people of state do not follow the lock down,curfew, regulations and restriction Imposed Under section 144 CrPC 1973 .The order of shoot at sight will be given in case of breach of Curfew. This has sparked a debate among common people and Law scholars weather a order of shoot at sight can be given in case of breach of curfew when Section 144 Cr.P.C 1973 is proclamation .

Section 144 Cr.P.C 

‘’Power to issue order in urgent cases of nuisance or apprehended danger’’. 

All Executive magistrates can pass a order under section 144 to prevent health or safety, roit or an affray etc. 

When Section 144 Cr.P.C is proclaimed . Assembly of five or more person becomes unlawful as defined in section 141 Cr.P.C.

Period of Curfew Section 144(2) Cr.P.C 

The order under section 144 Cr.P.C cannot be enforced beyond two months. In exceptional Cases it can be extended up to 6 months.

Can a order of '' shoot at sight '' given under proclamation of section 144 Cr.P.C.

No authority of has power to give shoot at sight order under section 144CrPC

Hon'ble Supreme Court of India in its decision  Jayantilal Mohanlal Vs Eric Renison , 1975   has clearly propounded that Shoot at sight order cannot be proclaimed/given under the powers vested under section 144CrPC 

Jayantilal Mohanlal Vs Eric Renison , 1975  Citation 1975, Cri.L.J 661.
Landmark judgement of Hon'ble Supreme court of India makes it very clear that order of shoot at sight at breach of curfew cannot be given under any circumstances. Brief Facts are that ,Commissioner of Police, Ahmadabad  City,  issued a order under section 144 Cr.P.C on January 27th,1974.Copy of order was also sent for publication in official Gazette . The department  of information, Government of Gujarat published a announcement on same day, announcement had 11 clauses,Clause 4th in English read as follow:

-If any one moves out of his house during curfew hours, be is likely to be shot at.  That was challenged in Supreme Court of India.  

     

    In favor of order it was argued that such order was given for safety of people and to maintain Peace  and Public tranquility .Against the order  it was argued that it violates Article 21 of Indian Constitution which guarantee's protection of life and liberty and such order of shoot at sight is also against the provisions of Section 144 Cr.P.C . 

     
    Hon'ble Supreme Court held ''The  principle of use of minimum force in order to deal with Law and order situation  will in our opinion strike balance, between authority and liberty, The order of Shooting at mere Curfew breach violates all legal provisions '' Hence it was held no authority has power to give a order of shoot at sight in case of breach of Curfew. 

Can a shoot at sight order be given under any other law in India

There is no law in India under which Shoot at sight order can be given. So shoot at sight is a proclamation which can be given in Bollywood movies in India not in reality.

Curfew 

The word curfew is not recognized under Cr.P.C so proclamation of section 144 Cr.P.C 1973 is not recognized under law as curfew. But the word curfew is commonly used accepted in society for proclamation under section 144 Cr.P.C. 

Therefore, it is clear that shoot at sight order can not be given under Section 144 Cr.P.C /Curfew.  Breach of curfew is punishable under section 188 Indian Penal Code.