Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here is a detailed explanation of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in English:
Section 163 — Overview
Section 163 of the BNSS, 2023 empowers certain executive magistrates to take immediate and preventive action in situations that threaten public peace, safety, health, or life. It is a public order provision designed to allow quick intervention to prevent disturbances or dangers before they escalate.
This section is somewhat equivalent to Section 144 of the Code of Criminal Procedure (CrPC), which also deals with preventive orders to maintain public order.
Key Provisions of Section 163
Power to Issue Orders
The District Magistrate, Sub-Divisional Magistrate, or any Executive Magistrate specially empowered by the State Government may issue written orders to prohibit or regulate certain actions by individuals or groups.
These orders aim to prevent imminent danger to public peace, safety, life, or health.
Nature of Orders
Orders may restrict or prohibit individuals from doing certain acts, entering specific places, or assembling in groups.
The order can also impose conditions on the use of property or restrict movement to avert danger.
Immediate and Ex-Parte Orders
If urgent circumstances demand, such orders can be issued without prior notice to the affected parties (ex-parte).
This provision allows for swift action without waiting for procedural formalities.
Scope and Application
The order can be applied to specific persons, groups, a particular area, or the general public within a defined locality.
It is meant to cover any imminent threat to public order.
Duration of Orders
The initial order is valid for a maximum period of two months.
The State Government has the power to extend the order’s validity up to six months if the situation demands.
Modification and Revocation
The Magistrate or State Government may modify or revoke any order issued under this section.
Affected parties must be given a chance to represent objections or appeals.
Practical Implications
These orders are preventive in nature, intended to stop violence, riots, or public disturbances before they happen.
Common uses include banning public gatherings, rallies, protests, or any act that might provoke violence.
The section helps maintain law and order by enabling the authorities to act proactively rather than reactively.
Example Scenarios
Prohibition of Public Gatherings:
During times of political tension or communal unrest, Section 163 may be invoked to ban rallies, processions, or large meetings to prevent outbreaks of violence.
Restriction on Use of Public Places:
The Magistrate can order closure of certain public areas or restrict access to them temporarily to avoid clashes or disturbances.
Control Over Dangerous Activities:
The law can be used to prohibit fireworks during festivals in sensitive areas to prevent accidents or pollution-related issues.
Summary
Section 163 of BNSS, 2023 provides a legal framework for executive magistrates to issue preventive orders for public safety and order. It balances the need for rapid response to threats with safeguards for affected individuals through limited duration and appeal rights.
RELATED Blog
0 comments