Following the attack on the National Citizen Party's (NCP) rally in Gopalganj on Wednesday, the administration imposed Section 144 to calm the situation. Later, the interim administration declared a full curfew in Gopalganj, effective from 8:00pm Wednesday to 6:00pm Thursday, banning all public gatherings.
Now, neither Section 144 nor curfew is new to Bangladeshi citizens. In recent years, Bangladesh has frequently witnessed political unrest, mass demonstrations, and tensions requiring government intervention to maintain law and order.
Two legal instruments that are often deployed in such situations are Section 144 of the Code of Criminal Procedure, 1898, and curfew orders. While both aim to restrict public movement and gatherings, they differ significantly in terms of legal authority, purpose, enforcement, and scope.
So, what is Section 144?
Section 144 is a preventive legal measure under the Code of Criminal Procedure, 1898. It allows a district or executive magistrate to issue orders in situations where there is apprehension of disturbance to public tranquillity, riots, or unlawful assembly.
According to the law: "In cases where, in the opinion of a District Magistrate… there is sufficient ground for proceeding… he may issue a written order… prohibiting any person or group from doing certain acts.
Generally, it is known as an assembly ban, with the main feature of Section 144 being the prohibition of the assembly of four or more people in a specified area.
It is typically imposed for a limited duration, but can be extended as required with government approval.
In practice, as it is a localised measure, Section 144 has been commonly imposed to quell political rallies, general strikes, student protests, or other large public gatherings to prevent clashes or unrest.
What is a curfew?
The word "curfew" comes from the Old French phrase "couvre-feu", which means "cover fire".
It is an order that bans all public movement and activities within a designated area for a specific period, typically during night hours, although 24-hour curfews are also not uncommon.
During a curfew, residents must remain indoors, and public institutions, transport, and businesses are shut down, unless otherwise exempted.
Under Section 24 of the Special Powers Act of 1974, the District Magistrate in district areas and the Police Commissioner in metropolitan regions, acting under government oversight, have the authority to issue orders prohibiting individuals from going outside without specific written permission.
Curfews are imposed under emergency provisions by the Home Ministry, often in consultation with the security forces. They are generally enforced with the aid of the Bangladesh Police, Rapid Action Battalion (RAB), and sometimes the army.
In Bangladesh, curfews can also have been imposed nationwide, albeit during times of extreme turmoil.
In 2007, a nationwide curfew was imposed by the caretaker government to control unrest.
The political turmoil surrounding the 2014 general elections also led to intermittent curfews in major cities, though not always nationwide.
Legal and Social Implications
Violation of Section 144 can lead to arrest and legal action under Sections 141–149 of the Penal Code. Meanwhile, defying a curfew is treated as a serious criminal offence, sometimes resulting in immediate arrest or use of force.
While both are tools to preserve public order, they differ in legal foundation, scope, and enforcement.
Section 144 is a preventive and localised restriction commonly used in routine political contexts. In contrast, a curfew is an extraordinary, emergency action used during serious crises.
Understanding these distinctions is vital for the public and the press, especially in politically sensitive periods.
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