Cops get more power to stop rule-breakers

NEW DELHI : Minutes after Prime Minister Narendra Modi announced a nationwide lockdown for 21 days to stop the spread of coronavirus, Union home secretary Ajay Kumar Bhalla issued directions saying anyone found violating the lockdown measures will be punished by jail terms of up to two years under the National Disaster Management Act (NDMA) and the Indian Penal Code (IPC).

In an order, Bhalla listed essential services and people, including government officials, police , and journalists, who are exempted from the restrictions imposed. “Any person violating these containment measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of Indian Penal Code,’’ the order said.

Under the IPC’S Section 188, people found flouting the lockdown may face jail terms of up to six months or fine up to ₹1,000 or both.

The Sections 51 to 60 of the act deal with obstructing government servants in performing their duties, making false claims while seeking any relief, misappropriation of money or goods, creating false alarm, or government servants failing to follow the guidelines, companies violating the orders.

Punishments ranging from one to two year imprisonment and/or fines are applicable under these sections.

Former Uttar Pradesh police chief Prakash Singh said these provisions basically act as a deterrent because they give powers to police to tell people that they have to go indoors and follow government directions else action will be taken against them. “Police won’t be interested in arresting hundreds of thousands of people.”

LN Rao, a retired Delhi Police officer, said the law says that if anyone violates any government notification, then police have the discretionary powers to arrest or warn that person. “A person is eligible to get bail from the police station for this violation but such notifications should not be violated, particularly in a situation like this...”

Under the act, a person refusing to abide by the directions of the government can be jailed for one year in the first instance and by up to two years in the second offence.

For spreading rumours, the law provides a jail term of up to a year or fine of ₹1,000 or both.

The law also provides for taking action against government officials and corporates for failing to comply with government directions. The Centre has also authorised the district magistrates to implement the lockdown orders.

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