Curfew

What is a Curfew?

A **curfew** is an order issued by government authorities that **restricts or prohibits** the movement, assembly, and public activities of people in a designated area during specified hours or for a specified period. During a curfew, people are typically required to remain indoors, businesses and shops must close, and vehicular traffic is restricted. Violation of a curfew order is punishable as a criminal offence.

In everyday terms, a curfew means the government orders everyone to stay inside their homes — no going out, no gatherings, no shops open — usually because there is a threat to public safety.

Legal Framework

Section 144 CrPC / Section 163 BNSS

The primary legal provision used to impose curfew-like restrictions is **Section 144 of the Code of Criminal Procedure, 1973 (CrPC)** (now **Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023**).

**Section 144 CrPC** empowers a **District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate** specially empowered by the State Government to issue an order directing any person to abstain from a certain act, or to take certain action with respect to certain property in their possession or under their management, if such Magistrate considers that the order is likely to prevent, or tends to prevent:

- **Obstruction, annoyance, or injury** to any person lawfully employed.

- **Danger to human life, health, or safety**.

- **Disturbance of the public tranquillity**.

- **A riot or an affray**.

Key Features of Section 144

- **No prior notice required:** The order can be passed **ex parte** (without hearing the affected persons) in cases of urgency.

- **Duration:** The initial order can remain in force for up to **two months** from the date of the order. The State Government may extend it for a further period not exceeding **six months** from the original date.

- **Territorial scope:** The order applies to a specified area — it can be a single street, a neighbourhood, a city, or an entire district.

- **Scope of restrictions:** The Magistrate can restrict assembly of people (prohibiting gathering of five or more persons), restrict movement, close shops and businesses, prohibit carrying weapons, and impose other conditions as necessary.

Section 144 vs. Curfew

While the terms are often used interchangeably in public discourse, there is a technical distinction:

- **Section 144 order:** Prohibits assembly of a specified number of persons (usually five or more) and may restrict certain activities, but does not necessarily require people to stay indoors. Movement by individuals may still be permitted.

- **Curfew:** A more stringent form of Section 144 order that restricts **all movement** — people must remain indoors, and only those with valid curfew passes (essential service workers, medical emergencies) are permitted to move.

In practice, a curfew is imposed through a Section 144 order with additional restrictions on all movement.

Other Legal Provisions

- **Section 129 CrPC (Section 148 BNSS):** Empowers Executive Magistrates and police officers to disperse unlawful assemblies.

- **Section 130 CrPC (Section 149 BNSS):** Allows the use of armed forces to disperse an assembly if civilian police are insufficient.

- **Article 19(2) of the Constitution:** Permits the State to impose "reasonable restrictions" on the fundamental right to freedom of movement (Article 19(1)(d)) and right to assemble peacefully (Article 19(1)(b)) in the interests of public order, sovereignty, and security of the state.

Constitutional Limitations

Anuradha Bhasin v. Union of India (2020)

In the landmark case of **Anuradha Bhasin v. Union of India (2020) 3 SCC 637** (arising from the communications shutdown in Jammu and Kashmir), the Supreme Court laid down important guidelines on the use of Section 144:

1. The power under Section 144 must be exercised in a **reasonable and proportionate** manner.

2. The order must state the **material facts** necessitating the restriction.

3. Orders under Section 144 cannot be used to **suppress legitimate expression** of opinion or the right to peaceful protest.

4. **Repetitive or indefinite** orders under Section 144 are not permissible — each order must be reviewed periodically and must have a defined duration.

5. The order is subject to **judicial review**, and affected persons have the right to challenge it before courts.

Madhu Limaye v. Sub-Divisional Magistrate (1970)

In **Madhu Limaye v. Sub-Divisional Magistrate AIR 1971 SC 2486**, the Supreme Court held that an order under Section 144 must be based on **material facts**, must be directed against identified mischief, and must be passed in good faith. A blanket or vague order without specifying the nature of the apprehended danger is liable to be struck down.

When Does This Term Matter?

During Communal or Civil Disturbances

Curfew is most commonly imposed during **communal riots, civil unrest, political violence**, or apprehended breach of peace. District authorities impose curfew to prevent mob violence, protect lives and property, and restore order.

During Natural Disasters and Health Emergencies

Curfew-like restrictions were extensively used during the **COVID-19 pandemic** in 2020-2021 under various provisions including Section 144 CrPC, the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005. The "Janata Curfew" and subsequent lockdowns restricted all movement except for essential services.

During Elections

The Election Commission may request curfew-like restrictions in sensitive areas during elections to prevent booth capturing, intimidation, or violence.

After Terrorist Incidents

In the aftermath of terrorist attacks or apprehended security threats, curfew may be imposed in affected areas to facilitate security operations.

Practical Examples

Communal Tension

Following communal clashes in a town, the District Magistrate imposes curfew from 6 PM to 6 AM, prohibiting all movement except for medical emergencies. Curfew passes are issued to doctors, ambulance drivers, and essential service workers. The police patrol the streets, and anyone found violating the curfew is arrested under Section 188 IPC (disobedience of order duly promulgated by public servant).

Complete Lockdown

After widespread rioting, the District Magistrate imposes a complete 24-hour curfew for 72 hours. All shops, businesses, and public transport are shut. Essential supplies like milk and medicines are delivered through authorised channels. The curfew is gradually relaxed — first for two hours in the morning, then for longer periods — as the situation normalises.

Curfew Pass

A hospital nurse needs to travel to the hospital during curfew hours. She obtains a **curfew pass** from the District Magistrate's office or the local police station, authorising her movement. The pass specifies her identity, route, and purpose. She carries it during her commute and shows it at police checkpoints.

Consequences of Violating a Curfew

- **Section 188 IPC (Section 223 BNS):** Disobedience of an order duly promulgated by a public servant. Punishable with imprisonment up to **one month** or fine up to **Rs. 200** (simple disobedience), or imprisonment up to **six months** or fine up to **Rs. 1,000** (if the disobedience causes danger to life, health, or safety).

- **Section 107/151 CrPC:** Preventive action against persons apprehended of breaching the peace.

- **Use of force:** Security forces are authorised to use **reasonable force** to enforce the curfew, including dispersing gatherings and, in extreme cases, firing upon persons violating the curfew order.

Frequently Asked Questions

Can a curfew be challenged in court?

Yes. A curfew order under Section 144 CrPC is subject to judicial review. Affected persons can challenge the order before the **High Court** through a writ petition under Article 226 of the Constitution, arguing that the order is arbitrary, disproportionate, not based on material facts, or violates fundamental rights. The Supreme Court in Anuradha Bhasin emphasised that all Section 144 orders must be published and are open to challenge.

Who has the authority to impose a curfew?

A curfew is imposed by an **Executive Magistrate** — typically the **District Magistrate (Collector)** or a **Sub-Divisional Magistrate** — under Section 144 CrPC. The police cannot independently impose a curfew; they enforce the Magistrate's order. The State Government may also issue directions, particularly during widespread emergencies.

What is the difference between a curfew and a lockdown?

A **curfew** is a traditional law-and-order measure under Section 144 CrPC, restricting movement to prevent violence or disturbance of peace. A **lockdown** (as used during COVID-19) is a broader public health or disaster management measure that restricts movement, closes businesses, and suspends public transport to prevent the spread of disease or manage disasters. Lockdowns are typically imposed under the **Disaster Management Act, 2005** or the **Epidemic Diseases Act, 1897**, though Section 144 orders may supplement them.

Can essential services continue during a curfew?

Yes. Curfew orders typically exempt **essential services** — hospitals, pharmacies, water supply, electricity, fire services, and authorised milk and food supply. Essential service workers are issued **curfew passes** allowing them to move during curfew hours. The District Magistrate's order specifies which services are exempt and how passes can be obtained.