Section 163 BNSS: Power to issue order in urgent cases of nuisance or apprehended danger
Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers specified Executive Magistrates to issue urgent written preventive orders where immediate prevention or speedy remedy is desirable. The section is designed to prevent obstruction, annoyance, injury, danger to life, health or safety, disturbance of public tranquillity, riot or affray.
Section 163 BNSS - statutory text
163. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
What Section 163 BNSS means
Section 163 is an urgent preventive power. It enables a competent Magistrate to issue a written order when there is sufficient ground for immediate preventive action and delay may expose persons or the public to specified forms of obstruction, injury, danger or disorder.
| Element | Requirement |
|---|---|
| Competent authority | District Magistrate, Sub-divisional Magistrate, or another Executive Magistrate specially empowered by the State Government |
| Threshold | Sufficient ground for proceeding and immediate prevention or speedy remedy must be desirable |
| Form of order | Written order stating the material facts of the case |
| Service | In the manner provided by Section 153 BNSS |
| Direction | Person may be required to abstain from an act or take specified action concerning property in possession or management |
| Maximum ordinary duration | Two months from the date of the Magistrate's order |
| Possible State extension | Further period not exceeding six months from the date on which the Magistrate's order would otherwise expire, subject to the statutory grounds and notification |
When can a Magistrate act under Section 163?
The Magistrate must form an opinion that there is sufficient ground for proceeding and that immediate prevention or speedy remedy is desirable. The order must be linked to prevention of one or more statutory harms, including obstruction, annoyance or injury to a person lawfully employed, danger to human life, health or safety, disturbance of public tranquillity, riot or affray.
Written order and material facts
Section 163(1) expressly requires a written order stating the material facts of the case. This requirement is important because the order should disclose the factual basis on which the extraordinary preventive power is being exercised.
The order must be served in the manner provided by Section 153 BNSS.
Ex parte order in emergency
Section 163(2) permits an ex parte order in an emergency or where circumstances do not allow notice to be served in due time. This power is therefore tied to urgency and inability to wait for prior service before preventive action is taken.
Who may be covered by the order?
The order may be directed to a particular person, to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
Duration of an order under Section 163
An order made by a Magistrate under Section 163 ordinarily cannot remain in force for more than two months from the date it is made.
The State Government may extend the operation of the order by notification where it considers such continuation necessary for preventing danger to human life, health or safety or for preventing riot or affray. The further period cannot exceed six months from the date on which the Magistrate's order would otherwise have expired.
Rescission or alteration of the order
Under Section 163(5), a Magistrate may rescind or alter an order either on his own motion or on an application by an aggrieved person. This power also extends to an order made by a subordinate Magistrate or predecessor-in-office.
Under Section 163(6), the State Government may similarly rescind or alter an extension order made under the proviso to sub-section (4).
Opportunity of hearing and written reasons
When an application under sub-section (5) or (6) is made, the applicant must be given an early opportunity to appear, either personally or through an advocate, and show cause against the order. If the application is rejected wholly or partly, reasons must be recorded in writing.
Section 163 compared with Sections 161 and 162
Section 161 BNSS deals with an injunction pending inquiry after a conditional order under Section 152. Section 162 BNSS permits specified authorities to prohibit repetition or continuance of a public nuisance.
Section 163 is broader as an emergency preventive provision, but its exercise is controlled by the express statutory conditions, duration limits and review procedure set out in the section.
Practical points under Section 163
- The authority exercising the power must be legally competent under Section 163.
- The order must be in writing and state the material facts of the case.
- The preventive direction must be connected to one of the statutory harms listed in sub-section (1).
- An ex parte order is permissible only in the emergency or notice-impracticability situations described in sub-section (2).
- The ordinary maximum duration is two months.
- A State Government extension must satisfy the proviso to sub-section (4) and cannot exceed the additional statutory period.
- An aggrieved person may seek rescission or alteration and is entitled to an early opportunity of hearing.
- Written reasons are required if the application for rescission or alteration is rejected wholly or in part.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. These official sources should be preferred for the current statutory text and commencement information.
This page provides general legal information. In an actual matter, the specific order, material facts recorded by the Magistrate, source of jurisdiction, service, duration, any State Government notification, and relevant judicial decisions should be examined.