CrPC Section 71: Power to Direct Security Measures

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CrPC Section 71: Power to Direct Security Measures

Section 71 of the Code of Criminal Procedure, 1973 (CrPC) empowers the Magistrate to direct security measures for the protection of persons and property. It is a crucial provision for maintaining public order and safety.

Explanation

This section empowers the Magistrate to issue directions for security measures in specific situations. These directions can include:

  • Deployment of police personnel
  • Imposing restrictions on movement or assembly
  • Prohibiting the carrying of weapons
  • Imposing curfews
  • Directing the removal of obstructions from public places

Illustration

Imagine a situation where there are tensions between two communities in a particular area. The Magistrate, concerned about potential violence, can issue directions under Section 71 to:

  • Increase police patrolling in the area
  • Restrict public gatherings
  • Prohibit the carrying of weapons

These measures aim to prevent any escalation of violence and maintain peace.

Common Questions and Answers

Q: Who can issue directions under Section 71?
A: Only a Magistrate, as defined in the CrPC, can issue such directions.

Q: What are the grounds for issuing directions under Section 71?
A: The Magistrate can issue directions if they are satisfied that there is a likelihood of breach of peace, danger to human life, or serious damage to property.

Q: Are there any limitations on the Magistrate’s power under Section 71?
A: Yes, the Magistrate’s powers under Section 71 are subject to the following limitations:

  • The directions must be necessary to prevent a specific danger.
  • The directions must be proportionate to the threat.
  • The directions must be in accordance with the law.
Also Read  CrPC Section 412: Reasons for Recording - Code of Criminal Procedure
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