Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Why in News?

Ahead of the Cockroach Janta Party (CJP) protests planned in Delhi on October 10 and 11, demanding the resignation of Chief Election Commissioner Gyanesh Kumar, Delhi Police denied permission for the gathering and imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

About Section 163 of the BNSS

Section 163 of the BNSS empowers an Executive Magistrate to issue orders to prevent potential disturbances and address situations requiring immediate intervention. It replaced Section 144 of the Code of Criminal Procedure (CrPC), 1973, when the BNSS came into force in 2024.

Under this provision, a magistrate may issue a written order directing a person to abstain from a particular act or take specific measures concerning property when such directions are necessary to prevent obstruction, annoyance, injury, danger to human life, health or safety, disturbance of public tranquillity, riots or affrays.

The provision is intended to address specific and urgent threats to public order. An order ordinarily remains in force for a maximum of two months, unless withdrawn earlier. The State Government may extend its duration by a further period not exceeding six months where legally justified.

Judicial Interpretation

In Babulal Parate v. State of Maharashtra (1961), the Supreme Court upheld the constitutional validity of the corresponding provision under the CrPC. It recognised that the power must be exercised within the conditions prescribed by law and is not unlimited or unrestricted.

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