Section 172 BNSS: Persons Bound to Conform to Lawful Directions of Police
Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with compliance with lawful police directions issued while a police officer is performing duties under Chapter XII, titled "Preventive Action of the Police." It also states what a police officer may do when a person resists, refuses, ignores or disregards such a direction.
Text of Section 172 BNSS
172. Persons bound to conform to lawful directions of police.
(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.
Meaning and Scope of Section 172
Section 172 operates within Chapter XII of the BNSS, which concerns preventive action by the police. The obligation under sub-section (1) is not framed as a duty to obey every instruction issued by a police officer. The statutory requirement is specifically tied to a lawful direction given by a police officer while fulfilling a duty under that Chapter.
This distinction is important. The direction must have a lawful basis and must be connected with the officer's preventive duties under Chapter XII. The section therefore links the citizen's obligation to comply with the legal authority and statutory purpose of the police direction.
Section 172(1): Duty to Follow Lawful Police Directions
Sub-section (1) provides that all persons are bound to conform to lawful directions of a police officer when those directions are issued in fulfilment of a duty under Chapter XII. The Chapter includes provisions concerning prevention of cognizable offences, information relating to designs to commit cognizable offences, preventive arrest, and prevention of injury to public property.
Section 172(2): Power to Detain or Remove
Sub-section (2) empowers a police officer to detain or remove a person who resists, refuses, ignores or disregards a direction falling within sub-section (1). The statutory language therefore connects this power directly with non-compliance with a lawful direction covered by Section 172(1).
- The direction must fall within Section 172(1).
- The section expressly covers resistance, refusal, ignoring or disregard of that direction.
- The police officer may detain or remove the person.
- The person may be taken before a Magistrate.
- In a petty case, the person may instead be released as soon as possible within twenty-four hours.
What Is the 24-Hour Rule in Section 172?
The twenty-four-hour language appears in the part of Section 172(2) dealing with petty cases. In such cases, the provision says that the person may be released as soon as possible within a period of twenty-four hours. The wording "as soon as possible" is important and should not be read as automatically permitting detention for the entire twenty-four-hour period in every petty case.
Does Section 172 Create a General Power to Give Any Direction?
No. On its text, Section 172 is confined to lawful directions issued by a police officer in fulfilment of duties under Chapter XII. Whether a particular direction is lawful depends on the statutory authority, purpose and circumstances in which it is issued.
Related BNSS Provisions
Section 172 should be read with the surrounding provisions in Chapter XII. In particular, Section 168 concerns the duty of police to prevent cognizable offences, Section 169 deals with information about a design to commit such offences, Section 170 concerns preventive arrest, and Section 171 concerns prevention of injury to public property.
Frequently Asked Questions
Can a person be detained for refusing a lawful direction under Section 172?
Yes. Section 172(2) expressly permits detention or removal where a person resists, refuses, ignores or disregards a direction covered by Section 172(1).
Must the direction be lawful?
Yes. The word "lawful" appears expressly in Section 172(1). The statutory obligation applies to lawful directions given in fulfilment of police duties under Chapter XII.
Can a person detained under Section 172 be taken before a Magistrate?
Yes. Section 172(2) expressly states that the police officer may take the person before a Magistrate. In petty cases, the provision also allows release as soon as possible within twenty-four hours.