Skip to main content

Bharatiya Nagarik Suraksha Sanhita

Section 163

Power to issue order in urgent cases of nuisance or apprehended danger

Quick Answer Reference: Section 163 BNSS

  • Provision: Section 163 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
  • Jurisdiction: India
  • Summary: This section allows a District Magistrate, Sub-divisional Magistrate, or other Executive Magistrate to issue an order to prevent immediate danger or nuisance. The order can be given to a person, a group of people, or the public, and it can be served immediately or with a notice. The order can last for up to two months, but the State Government can extend it for up to six months in emergency situations.
Statutory Content

What does Section 163 of BNSS say?

(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. D.—Disputes as to immovable property

Indian StandardSection 163, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 163 (India)
Court Pleading StandardSection 163 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/163

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 163 of BNSS mean?

Plain English Explanation

This section allows a District Magistrate, Sub-divisional Magistrate, or other Executive Magistrate to issue an order to prevent immediate danger or nuisance. The order can be given to a person, a group of people, or the public, and it can be served immediately or with a notice. The order can last for up to two months, but the State Government can extend it for up to six months in emergency situations.

Practical Interpretation

In real-life situations, this section is used to prevent immediate danger or nuisance, such as a riot or a disturbance of public tranquility. The Magistrate can issue an order to stop the situation from escalating, and the order can be served to the person or group responsible. The order can be given immediately or with a notice, depending on the circumstances.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for the Magistrate to take immediate action to prevent danger or nuisance, and to maintain public order and safety.

Key Legal Elements
  • There is sufficient ground for proceeding under this section.
  • Immediate prevention or speedy remedy is desirable.
  • The Magistrate must consider that the direction is likely to prevent or tends to prevent obstruction, annoyance, or injury to any person lawfully employed, or danger to human life, health, or safety, or a disturbance of the public tranquility, or a riot, or an affray.
  • The order cannot remain in force for more than two months, unless the State Government extends it for up to six months in emergency situations.
Practical Example

Practical Example of Section 163 BNSS

Rajesh, a local resident, reports to the District Magistrate that a group of people are planning to hold a loud music festival in a residential area, which may disturb the peace and cause a disturbance to the public tranquility. The Magistrate issues an order under Section 163, directing the organizers to stop the festival and to take necessary measures to prevent any disturbance. The order is served to the organizers, and they comply with the direction. The order remains in force for two months, during which time the organizers take necessary measures to prevent any disturbance.

Common Questions (FAQ)

Frequently Asked Questions about Section 163 BNSS

Q: What is the punishment or consequence under Section 163 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It provides a mechanism for the Magistrate to take immediate action to prevent danger or nuisance, and to maintain public order and safety.

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

This section applies to both private individuals and public entities, as it provides a mechanism for the Magistrate to take immediate action to prevent danger or nuisance, and to maintain public order and safety.

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

This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not applicable to determine whether the offence is bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 163 BNSS

What is Section 163 of BNSS?

Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to issue order in urgent cases of nuisance or apprehended danger". In plain terms: This section allows a District Magistrate, Sub-divisional Magistrate, or other Executive Magistrate to issue an order to prevent immediate danger or nuisance. The order can be given to a person, a group of people, or the public, and it can be served immediately or with a notice. The order can last for up to two months, but the State Government can extend it for up to six months in emergency situations.

What is the punishment under Section 163 of BNSS?

Section 163 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 163 of BNSS bailable or non-bailable?

Whether Section 163 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 163 of BNSS?

The essential elements of Section 163 of BNSS are: There is sufficient ground for proceeding under this section.; Immediate prevention or speedy remedy is desirable.; The Magistrate must consider that the direction is likely to prevent or tends to prevent obstruction, annoyance, or injury to any person lawfully employed, or danger to human life, health, or safety, or a disturbance of the public tranquility, or a riot, or an affray..

Landmark Case Laws

Landmark Judgments under Section 163 BNSS

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India