163 IPC

Introduction of 163 IPC

163 IPC gives Magistrates the power to quickly address public nuisances or potential dangers. This section helps maintain public health, safety, and peace by allowing immediate action to prevent harm. Magistrates can issue orders to stop harmful actions or manage property to avoid danger or disturbances. The purpose of this section is to ensure public order and safety through prompt and effective measures.

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What is IPC Section 163 ?

IPC Section 163 allows District Magistrates, Sub-Divisional Magistrates, or other specially authorized Executive Magistrates to issue written orders in urgent situations involving nuisance or potential danger. These orders aim to prevent obstruction, annoyance, injury, or danger to public health, safety, or peace. They can be directed at specific individuals, groups, or the public. Orders are valid for up to two months and can be extended by the State Government for up to six more months if needed.

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IPC Section 163 Overview

Section 163 of the IPC grants authority to District Magistrates, Sub-Divisional Magistrates, or other specially empowered Executive Magistrates to issue written orders in urgent cases of nuisance or danger. These orders, aimed at preventing obstruction, annoyance, injury, danger to human life, health, safety, or public peace, can be directed at specific individuals, groups, or the general public. The orders are valid for up to two months, with a possible extension of up to six additional months by the State Government if necessary.

Key-Points

Authority to Issue Orders:

• District Magistrates, Sub-Divisional Magistrates, or other specially empowered Executive Magistrates can issue orders in urgent cases of nuisance or potential danger.

Immediate Action:

• If immediate prevention or a quick remedy is necessary, these officials can act promptly, provided there are sufficient grounds to proceed.

Written Orders:

• The Magistrate must issue a written order detailing the facts of the case. This order must be served as per the guidelines in Section 153.

Directed Actions:

• The order can direct any person to either stop doing a certain act or to manage certain property in a specific way, aiming to prevent obstruction, annoyance, injury, danger to life, health, safety, or public peace.

Emergency Orders:

• In emergencies or when notice cannot be served in time, the Magistrate can issue orders without prior notice (ex parte).

Target of Orders:

• Orders can be directed at specific individuals, people in a particular area, or the general public frequenting a particular place.

Duration of Orders:

• Orders under this section are effective for a maximum of two months. However, the State Government can extend this period up to six months if necessary to prevent danger or maintain public order.

Rescind or Alter Orders by Magistrates:

• Any Magistrate can rescind or alter an order either on their own initiative or upon the application of an aggrieved person. This applies to orders made by them or their subordinates or predecessors.

State Government’s Power to Rescind or Alter:

• The State Government can also rescind or alter an order on its own initiative or upon application by an aggrieved person.

Opportunity to Contest:

If an application to rescind or alter an order is made, the concerned authority must provide the applicant an opportunity to be heard. If the application is rejected, the reasons must be recorded in writing.

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IPC 163 Punishment

Orders can be in effect for up to two months, extendable by up to six more months by the State Government.

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Section 163 IPC in short information

What is mean ?	Details
Offence	Issuing orders to prevent public nuisance or danger.
Definition	Magistrates can issue written orders to stop harmful actions or manage property to prevent danger.
Punishment	Orders can be in effect for up to two months, extendable by up to six more months by the State Government.
Bailable or Not	Not applicable (this section relates to preventive measures, not punishment).

163 IPC FAQs

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