APPLICATION UNDER SECTION 163(5) BNSS, 2023

 

APPLICATION UNDER SECTION 163(5) BNSS, 2023

(For Rescission or Alteration of Preventive Order)

To,
The Executive Magistrate
[Office Address]
[District Name], [State]

Date: [Insert Date]

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Subject: Application for rescission/alteration of order passed under Section 163 BNSS, 2023

Respected Sir/Madam,

I, [Your Name], son/daughter of [Parent’s Name], resident of [Full Address], most respectfully submit as follows:

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1️⃣ Facts of the Case:

• That your office issued an order dated [mention date of order] under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which directs [briefly describe what the order prohibits or mandates — e.g., prohibition on public gathering, restriction on movement, order to close certain premises, etc.].

• That I am directly affected by this order as [explain your connection — e.g., local resident, business owner, organizer of event, etc.].

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2️⃣ Grounds for Rescission/Alteration:

I respectfully submit that the said order:

• Was passed without sufficient factual basis or material evidence justifying the urgency or danger.

• Causes disproportionate harm to my lawful activities or fundamental rights under Articles 19(1)(a), (b), (c) of the Constitution.

• Is based on misapprehension/misrepresentation of facts; the actual situation on ground is peaceful and under control.

• Alternative, less restrictive measures are available that can address any legitimate concern without blanket prohibitions.

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3️⃣ Prayer:

In light of the above, I humbly request your good office to:

• Rescind the order dated [date] under Section 163 BNSS, 2023; or

• Modify/alter the scope of the order to reasonably balance public safety with individual rights; and

• Pass any other appropriate relief as deemed fit.

I am ready to appear personally or through counsel and assist the proceedings. Kindly provide me an opportunity of hearing before final disposal of this application, as required under Section 163(5).

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Enclosures:

• Copy of the Section 163 order

• Proof of identity

• Supporting documents/evidence (if any)

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Thanking you,
Yours sincerely,
[Your Name]
[Your Contact Number & Email]