Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Persons Bound to Conform to Lawful Directions of Police
📜 Text of Section 172
172. Persons bound to conform to lawful directions of police
All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duties under this Chapter.
A police officer may detain or remove any person resisting, refusing, ignoring, or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.
⚖️ Legal Context and Purpose
Section 172 is part of Chapter XII of the BNSS, 2023, titled "Preventive Action of the Police." This chapter outlines the powers and duties of police officers to prevent the commission of cognizable offences and to maintain public order. Section 172 specifically addresses the obligation of individuals to comply with lawful directions issued by police officers in the performance of their duties under this chapter.
🔍 Key Provisions Explained
Obligation to Comply: Individuals are legally required to follow lawful directions given by police officers in the execution of their duties
Detention and Removal: If a person resists, refuses, or disregards a lawful direction, a police officer has the authority to detain or remove that person.
Timeframe for Release: In cases deemed petty, the detained person must be released within 24 hours unless further legal action is warranted.
⚠️ Potential Concerns and Safeguards
While Section 172 empowers police officers to ensure compliance with lawful directions, it also raises concerns about the potential for misuse of power. To mitigate such risks, the provision includes a 24-hour release requirement for individuals detained in petty cases, aiming to prevent arbitrary detention. Additionally, the necessity for lawful directions and the option to take individuals before a Magistrate provide checks against potential abuse.
🧭 Illustrative Example
Scenario: During a public demonstration, a police officer directs a participant to move to a designated area to maintain order. The participant refuses to comply.
Application of Section 172:
Direction Issued: The police officer gives a lawful direction to the participant.
Non-Compliance: The participant refuses to follow the direction.
Action Taken: The police officer detains the participant.
Outcome: If the case is considered petty, the participant must be released within 24 hours. Otherwise, they may be taken before a Magistrate for further proceedings.
📌 Conclusion
Section 172 of the BNSS, 2023, establishes a framework for ensuring public compliance with lawful police directions, thereby aiding in the prevention of offences and the maintenance of public order. While it grants police officers significant authority, the provision also incorporates safeguards to protect individual rights and prevent misuse. Understanding and adhering to this section is crucial for both law enforcement personnel and the public to ensure a balanced approach to law and order.
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