Key Provisions of Section 163 BNSS, 2023

 Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers Executive Magistrates to issue immediate orders in urgent situations to prevent public harm or disturbances. This provision is analogous to the former Section 144 of the Code of Criminal Procedure (CrPC), 1973, and is designed to address scenarios involving potential threats to public safety, health, or tranquility.

Key Provisions of Section 163 BNSS, 2023

• Authority: District Magistrates, Sub-divisional Magistrates, or other Executive Magistrates specially empowered by the State Government can invoke this section.

• Grounds for Action: If there is sufficient ground to prevent:

• • Obstruction, annoyance, or injury to any person lawfully employed

  • Danger to human life, health, or safety

  • Disturbance of public tranquility

  • Riot or affray

• Nature of Orders: The Magistrate may issue a written order directing any person to abstain from a certain act or to take specific action concerning property in their possession or under their management.

• Duration: Such orders remain in force for up to two months. However, the State Government can extend this period by up to six additional months if deemed necessary for preventing danger to human life, health, or safety.

Practical Applications

Section 163 has been employed in various contexts to maintain public order:

• Kolkata: The Kolkata Police implemented Section 163 in nine key areas to prevent unauthorized assemblies during an immersion carnival, aiming to maintain public order and safety. 

• Reasi District: Authorities issued orders under Section 163 to regulate the storage and sale of firecrackers during the Diwali festival season, addressing concerns over public safety and environmental impact. 

• Ukhrul District: Prohibition orders were enacted under Section 163 to restrict the operation of industrial sirens, except in emergencies, to prevent public nuisance. 

These examples illustrate the section's utility in preemptively addressing situations that could escalate into public disturbances or pose threats to community well-being.