The District Magistrate holds the power to issue orders for Section 144. This issue is order when there is an emergency case of nuisance of apprehended danger.
As per the rules of Section 144 of the Criminal Procedure Code (CrPC) of 1973, the magistrate gets empowered to prohibit an assembly to five people and more in an area.
The Section 141-149 of Indian Penal Code state that three year of imprisonment or fine will be the highest level of punishment for getting engaged in riot.
It was during the British period that the law was introduced so as to stop riots by Indians against colonial rule. The rule in practice is thus a leftover of the British rule.