Bharatiya Nagarik Suraksha Sanhita

Section 162

Magistrate may prohibit repetition or Continuance of public nuisance

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⚡ Quick Answer Reference: Section 162 BNSS

Provision: Section 162 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
Jurisdiction: India
Summary: A magistrate can order someone to stop repeating or continuing a public nuisance, as defined by law.

Statutory Content

What does Section 162 of BNSS say?

A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. C.—Urgent cases of nuisance or apprehended danger

Indian StandardSection 162, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 162 (India)

Court Pleading StandardSection 162 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 162 of BNSS mean?

Plain English Explanation

A magistrate can order someone to stop repeating or continuing a public nuisance, as defined by law.

Practical Interpretation

In practice, this section allows magistrates to intervene in cases of public nuisance, ordering individuals to cease their actions to maintain public order.

Core Legal Purpose

The purpose is to empower magistrates to prevent or stop public nuisances, ensuring the maintenance of public peace and order.

Key Legal Elements

•The magistrate must be a District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police empowered by the State Government or District Magistrate.
•The person ordered must be engaged in or about to engage in an act that constitutes a public nuisance as defined by the Bharatiya Nyaya Sanhita, 2023, or any special or local law.
•The key legal test is whether the act constitutes a public nuisance.
•A key limitation is that the order can only be made in respect of acts that are public nuisances as defined by law.

Practical Example

Practical Example of Section 162 BNSS

Rajesh is organizing a loud music event near a residential area without proper permits, causing disturbance to the neighbors. The local magistrate, empowered under this section, can order Rajesh to stop the event to prevent further public nuisance.

Common Questions (FAQ)

Frequently Asked Questions about Section 162 BNSS

Q: What is the punishment or consequence under Section 162 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It empowers magistrates to issue orders to prevent public nuisances.

Q: Does this section apply to private individuals or public entities?

This section applies to any person, which can include both private individuals and public entities, if they are engaged in or about to engage in a public nuisance.

Q: Is an offence under this section bailable or cognizable?

This section does not define an offence in the traditional sense but rather a procedural mechanism for magistrates. Therefore, it does not specify whether an action under this section is bailable or cognizable.

Common Questions about Section 162 BNSS

What is Section 162 of BNSS?

Section 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Magistrate may prohibit repetition or Continuance of public nuisance". In plain terms: A magistrate can order someone to stop repeating or continuing a public nuisance, as defined by law.

What is the punishment under Section 162 of BNSS?

Section 162 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 162 of BNSS bailable or non-bailable?

Whether Section 162 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 162 of BNSS?

The essential elements of Section 162 of BNSS are: The magistrate must be a District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police empowered by the State Government or District Magistrate.; The person ordered must be engaged in or about to engage in an act that constitutes a public nuisance as defined by the Bharatiya Nyaya Sanhita, 2023, or any special or local law.; The key legal test is whether the act constitutes a public nuisance..

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