Thursday, May 29, 2025

Practical Steps for Using or Responding to Section 163 BNSS, 2023

 

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

  • Clearly describe the urgency or danger (to life, safety, health, tranquility)

  • Attach supporting materials: complaints filed, photos, news clippings, witness statements

  • Specify the relief you want: prohibit someone from doing something, regulate access, restrict movement, etc.

2️⃣ File before the right Magistrate

  • District Magistrate (DM), Sub-Divisional Magistrate (SDM), or specially empowered Executive Magistrate

  • File in writing, submit copies, and keep acknowledgment

3️⃣ Follow up

  • Magistrate can issue ex parte (without hearing the other side) in urgent cases

  • Ask for certified copy of the order once issued

  • 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

  • You have the right to know the reasons and the facts behind the order

  • Check whether the order was served properly

2️⃣ Apply for rescission or alteration

  • Under Section 163(5): File an application before the Magistrate

  • Under Section 163(6): If the order was extended by state, apply to the State Government

3️⃣ Prepare your defense

  • Show that there is no real urgency or danger

  • Provide evidence that the facts were misrepresented or exaggerated

  • Argue proportionality — that the order disproportionately affects your lawful rights

4️⃣ Get a hearing

  • The Magistrate or State Government must give you a chance to appear (in person or through advocate)

  • If they reject your application, they must record reasons in writing

5️⃣ Challenge in court (if needed)

  • 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

  • Initial Section 163 order: Valid up to 2 months

  • State extension (if issued): Max additional 6 months

  • Apply for rescission/alteration: Immediately after receiving the order

  • Hearing opportunity: Must be given before rejection


๐Ÿ”‘ 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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