⚡ Practical Steps for Using or Responding to Section 163 BNSS, 2023
✅ If you are seeking an order under Section 163 (applicant side):
1️⃣ Prepare a detailed application
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Clearly describe the urgency or danger (to life, safety, health, tranquility)
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Attach supporting materials: complaints filed, photos, news clippings, witness statements
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Specify the relief you want: prohibit someone from doing something, regulate access, restrict movement, etc.
2️⃣ File before the right Magistrate
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District Magistrate (DM), Sub-Divisional Magistrate (SDM), or specially empowered Executive Magistrate
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File in writing, submit copies, and keep acknowledgment
3️⃣ Follow up
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Magistrate can issue ex parte (without hearing the other side) in urgent cases
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Ask for certified copy of the order once issued
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Provide copy to police or local administration if needed for enforcement
✅ If you are affected by a Section 163 order (opposing side):
1️⃣ Get a copy of the order
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You have the right to know the reasons and the facts behind the order
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Check whether the order was served properly
2️⃣ Apply for rescission or alteration
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Under Section 163(5): File an application before the Magistrate
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Under Section 163(6): If the order was extended by state, apply to the State Government
3️⃣ Prepare your defense
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Show that there is no real urgency or danger
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Provide evidence that the facts were misrepresented or exaggerated
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Argue proportionality — that the order disproportionately affects your lawful rights
4️⃣ Get a hearing
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The Magistrate or State Government must give you a chance to appear (in person or through advocate)
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If they reject your application, they must record reasons in writing
5️⃣ Challenge in court (if needed)
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If the rescission is denied, you can approach the High Court under writ jurisdiction (Article 226) to challenge the legality or constitutionality of the order
⏰ Key Timelines to Remember
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Initial Section 163 order: Valid up to 2 months
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State extension (if issued): Max additional 6 months
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Apply for rescission/alteration: Immediately after receiving the order
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Hearing opportunity: Must be given before rejection
๐ Best Practices
✔ Always maintain documentation (copy of order, application, evidence)
✔ Act quickly — these are urgent, time-bound matters
✔ Keep communication with local police or administration for on-ground clarity
✔ Get legal help if the order impacts your fundamental rights
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