Home BNSS Explained Public Order & Preventive Powers

§163

Power to Issue Orders in Urgent Cases of Nuisance or Apprehended Danger

Plain-English Summary — Not Verbatim Statutory Text

Lets a magistrate issue orders — including restricting assembly in a specific area — to prevent obstruction, danger to life, or serious public disturbance. This is the direct successor to the old Section 144 of the CrPC.

Courts have held such orders must be specific, time-bound, publicly notified, and subject to judicial review — not a routine, indefinite, city-wide tool for suppressing dissent.

Central to understanding your rights around protests and public gatherings — restrictions under this section have real, enforceable limits.

Cross-References

Related law

Art. 19(3)

The constitutional basis for "reasonable restrictions" on assembly this section operationalises

Case Law

How courts have applied this

Anuradha Bhasin v. Union of India(2020) 3 SCC 637 — Held that Section 144-type restriction orders must be reasonable, time-bound, published, and subject to judicial review. Verify this case

Quick Answers

Still wondering about...

Does an order under this section ban all gatherings in an area?

It has to be specific about what's restricted, where, and for how long — a vague, blanket, indefinite order doesn't meet the standard courts have set.

Sec. 230: Supply of Police Report & Documents to the Accused Sec. 396: Victim Compensation Scheme

This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.