Indian criminal procedure | Updated 17 October 2026

Section 144A CrPC: Carrying Arms in Processions and Current Legal Status

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Overview Provisions Historical text Current law Comparison FAQs Official sources

Section 144A of the Code of Criminal Procedure, 1973 concerned a proposed power of the District Magistrate to prohibit carrying arms in processions and organising mass drills or mass training with arms in public places. Although inserted by the Code of Criminal Procedure (Amendment) Act, 2005, the provision was not brought into force. It was not re-enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position (October 2026): Section 144A CrPC has no direct BNSS replacement. It should not be cited as an operative power to issue a fresh prohibition. Section 163 BNSS, the successor to Section 144 CrPC, separately authorises urgent preventive orders when its statutory conditions are satisfied.

What was Section 144A CrPC?

The provision contemplated a targeted public-order mechanism for prohibiting the carrying of arms in a procession or organising, holding or participating in a mass drill or mass training with arms in a public place. Its stated objectives were preservation of public peace, public safety and maintenance of public order.

Explanation of the five subsections

Subsection (1): Power of District Magistrate

It proposed that the District Magistrate could issue a public notice or order prohibiting specified arms-related activities within the local limits of the Magistrate's jurisdiction where considered necessary for public peace, public safety or public order.

Subsection (2): Persons covered

A notice or order could be directed to an individual or to persons belonging to a community, party or organisation.

Subsection (3): Initial duration

The proposed notice or order could not remain in force for more than three months from its date of issue.

Subsection (4): State Government extension

The State Government could, by notification and on the specified public-order grounds, extend the order for a further period not exceeding six months from the date on which it would otherwise expire.

Subsection (5): Delegation

The State Government could delegate its extension power to the District Magistrate, subject to controls and directions.

Meaning of arms in the proposed provision: The explanation referred to the definition in the proposed Section 153AA of the Indian Penal Code, covering articles designed or adapted as weapons for offence or defence, including firearms, sharp-edged weapons, lathis, dandas and sticks.

Historical text and legislative background

The following text is retained for historical reference. It is not a statement that Section 144A became operative.

1[144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.-(1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place. (2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. (3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made. (4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate. Explanation.-The word "arms" shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] ---------- 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. (3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made. (4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate. Explanation.-The word "arms" shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] ---------- 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

(3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made. (4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate. Explanation.-The word "arms" shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] ---------- 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

(4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would have, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate. Explanation.-The word "arms" shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] ---------- 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

Explanation.-The word "arms" shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] ---------- 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

Section 144A was inserted by Section 16 of the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005), subject to commencement by notification. The related proposed penal provision was Section 153AA IPC. Official training materials explain that Section 144A CrPC and Section 153AA IPC were never implemented and were omitted from BNSS and BNS respectively.

What law applies now?

Section 163 BNSS, 2023: A District Magistrate, Sub-divisional Magistrate or specially empowered Executive Magistrate may make a written preventive order in urgent cases of nuisance or apprehended danger when the conditions in that section are met. The power is not a direct re-enactment of Section 144A and has its own safeguards, grounds and duration rules.

Arms Act, 1959 and applicable rules: Possession, carrying, licensing and use of firearms and other regulated arms may be governed by the Arms Act, 1959, the Arms Rules, 2016 and valid orders made under applicable law. The exact restriction depends on the weapon, location, licence conditions and any legally issued order.

Public assemblies: Restrictions may also arise under other applicable laws and valid local orders. A prohibition should be assessed against its actual legal source, territorial reach, duration and constitutional requirements.

Section 144A CrPC versus Section 163 BNSS

Question	Section 144A CrPC	Section 163 BNSS
Status	Never commenced; omitted from BNSS	Current statutory provision
Subject	Proposed arms restrictions in processions and mass drills	Urgent prevention of nuisance or apprehended danger
Authority	Proposed District Magistrate power	Specified Executive Magistrates
Relationship	No direct BNSS successor	Successor to Section 144 CrPC, not Section 144A

Frequently asked questions

Is Section 144A CrPC still in force?

No. It was not brought into force and has not been reproduced in BNSS, 2023.

Which BNSS section replaces Section 144A CrPC?

There is no direct replacement. Section 163 BNSS corresponds to the former Section 144 CrPC, not Section 144A.

Can carrying arms in a procession be restricted today?

Yes, where a valid restriction is imposed under an applicable current law, such as the Arms Act or a lawful preventive order under Section 163 BNSS. The existence and scope of any restriction must be checked in the actual order and governing law.

Official legislation and reference materials

This article is general legal information. For any specific order, verify the applicable legislation, notifications and current local directions.