(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter. (2) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 172
Persons bound to conform to lawful directions of police
Englishहिंदी
⚡ Quick Answer Reference: Section 172 BNSS
- Provision: Section 172 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PREVENTIVE ACTION OF THE POLICE
- Jurisdiction: India
- Summary: This section says that everyone must follow the lawful directions given by a police officer. If someone resists or refuses to follow these directions, the police officer can detain or remove them and either take them to a Magistrate or release them within 24 hours.
Statutory Content
What does Section 172 of BNSS say?
Indian StandardSection 172, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 172 (India)
Court Pleading StandardSection 172 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/172
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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 172 of BNSS mean?
Plain English Explanation
This section says that everyone must follow the lawful directions given by a police officer. If someone resists or refuses to follow these directions, the police officer can detain or remove them and either take them to a Magistrate or release them within 24 hours.
Practical Interpretation
In real-life practice, this section means that police officers have the authority to give directions to the public, and individuals must comply. If someone fails to comply, the police officer can take action, which may involve detaining or removing the individual and taking them to a Magistrate or releasing them after 24 hours.
Core Legal Purpose
The core purpose of this section is to empower police officers to maintain law and order by giving them the authority to issue directions to the public and take action against those who fail to comply.
Key Legal Elements
- •The direction given by the police officer must be lawful.
- •The direction must be given in the course of a duty under Chapter of the BNSS.
- •The individual must resist, refuse, ignore, or disregard the direction.
- •The police officer must detain or remove the individual for non-compliance.
Practical Example
Practical Example of Section 172 BNSS
Rajesh, a pedestrian, is directed by a police officer to move from a restricted area during a protest. Rajesh refuses to comply, and the police officer detains him. The police officer takes Rajesh to a nearby police station and releases him within 24 hours. In this scenario, Section 172 of BNSS applies because the police officer gave a lawful direction, and Rajesh resisted it.
Common Questions (FAQ)
Frequently Asked Questions about Section 172 BNSS
Q: What is the punishment or consequence under Section 172 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for police officers to detain or remove individuals who fail to comply with lawful directions.
Q: Does this section apply to private individuals or public entities?
This section applies to all individuals, including private individuals, as it requires everyone to conform to lawful directions given by police officers.
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 neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 172 BNSS
What is Section 172 of BNSS?
Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Persons bound to conform to lawful directions of police". In plain terms: This section says that everyone must follow the lawful directions given by a police officer. If someone resists or refuses to follow these directions, the police officer can detain or remove them and either take them to a Magistrate or release them within 24 hours.
What is the punishment under Section 172 of BNSS?
Section 172 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 172 of BNSS bailable or non-bailable?
Whether Section 172 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 172 of BNSS?
The essential elements of Section 172 of BNSS are: The direction given by the police officer must be lawful.; The direction must be given in the course of a duty under Chapter of the BNSS.; The individual must resist, refuse, ignore, or disregard the direction..
Landmark Case Laws
Landmark Judgments under Section 172 BNSS
Patnahcucisdb94 High Court (10 8)
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