Section 163 of BNSS (corresponding to Section 144 of CrPC)
M.S. Husain, Advocate
10/6/20251 min read
INTRODUCTION
Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (corresponding to section 144 of the Code of Criminal Procedure (CrPC)) empowers a district magistrate, a sub-divisional magistrate, or any other executive magistrate specially empowered by the state government in this behalf, to issue orders in urgent cases of nuisance or apprehended danger.
KEY POINTS ABOUT SECTION 163 OF BNSS:
Objective: The primary purpose of section 163 is to maintain public order and tranquility in a particular area by preventing unlawful assembly.
Conditions for imposition: The magistrate can invoke section 163 when there is an emergency, and immediate action is needed to prevent:
Obstruction, annoyance, or injury to any person lawfully employed.
Danger to human life, health, or safety.
A disturbance of public tranquility or a riot.
Prohibitory Orders: The magistrate can issue orders prohibiting the assembly of five or more persons, the carrying of weapons, or any other activity that may lead to a breach of public order.
Duration: The order issued under section 163 is usually of a temporary nature and is imposed for a specific period. It is not meant to be a permanent restriction.
Review and Appeal: Individuals affected by the order can appeal to the higher authorities or the judiciary for a review of the decision.
Emergency Powers: Section 163 is considered an emergency provision that grants extraordinary powers to the magistrate to deal with urgent situations.
CONCLUSION
Violating the orders under section 163 is a cognizable offense, and individuals found guilty can be punished under section 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (corresponding to section 188 of the Indian Penal Code, 1860 (IPC)). It is important to note that the use of section 163 is subject to certain legal safeguards to prevent its misuse, and it should be imposed only when there is a clear and present danger to public order.