Introduction to Section 163 BNSS
Section 163 BNSS is used when there is no time for a full hearing, and urgent action is needed to stop harm to people or property. It allows a District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate to issue a written order to control the situation. This order can be temporary and may apply to individuals, groups, or the general public.
What is BNSS Section 163 ?
BNSS Section 163 gives power to the Magistrate to quickly control any situation that may cause public nuisance, danger to life, health issues, or disturbance to peace. The Magistrate can immediately order a person to stop an act or take some action to prevent the danger. This section helps in maintaining law and order during emergencies.
BNSS Section of 163 in Simple Points
1. Urgent Action by Magistrate
When a Magistrate believes that immediate action is needed to avoid harm or danger, they can issue an order under BNSS 163. This action can be taken to prevent public disturbance, injury, or danger to health or safety. The order must be in writing and clearly state the reasons.
2. Ex Parte Orders in Emergency
In emergencies, the Magistrate can issue the order without informing the person beforehand (called an ex parte order). This is useful when there is no time to send a notice or delay may cause harm. This power helps stop violence or health risks quickly.
3. Whom the Order Can Be Issued To
The Magistrate’s order can be for:
- A specific individual
- All people in a particular area
- The public in general (visiting a specific place)
This allows the order to be flexible depending on the situation—whether it is one person causing harm or a large group.
4. Time Limit of the Order
An order under BNSS 163 can be in force for a maximum of 2 months. If needed, the State Government can extend it for up to 6 months with proper reasons and notification. This prevents misuse and ensures temporary control only in real emergencies.
5. Right to Challenge and Modify the Order
If someone is unhappy with the order, they can file an application to cancel or change it. The Magistrate or State Government must give the person a chance to present their case in person or through a lawyer. If the application is rejected, they must give written reasons. This helps in maintaining fairness and transparency.
Section 163 of BNSS Overview
BNSS Section 163 gives power to a District Magistrate or other authorized Magistrates to take urgent action to prevent public danger, nuisance, or disturbance to peace. The Magistrate can order a person or group to stop a certain act or take preventive steps. This section helps maintain public safety and law and order during emergencies.
BNSS Section 163 – Detailed Explanation
1. Urgent Powers Given to Magistrates
BNSS Section 163 allows District Magistrates, Sub-divisional Magistrates, or specially empowered Executive Magistrates to take immediate action in situations where public peace or safety is at risk. These powers are meant for emergency situations like threats to life, public health, or riots. The idea is to control the problem before it grows. These powers are used when there is no time to follow regular legal steps. It helps stop danger before it causes real harm. Only selected officers who are authorized by the state government can use this power. This ensures that quick actions are taken only by responsible officials. It protects the community during urgent times.
2. Written Order with Proper Details is Required
The order passed by the Magistrate under this section must always be written and should clearly explain the important facts of the case. This makes sure that the person receiving the order understands why the action is being taken. A verbal or oral order is not allowed. The written order must be served properly as per Section 153. This process ensures transparency and helps in future legal reviews. A proper written document protects both the public and the authorities. It also becomes a record for checking if the power was used correctly. Written orders reduce the chances of misuse.
3. Order Can Ask to Stop or Take Action
Under this section, the Magistrate can tell a person to stop doing something or to do a specific task, especially related to property. For example, stopping illegal construction or asking someone to clean a dangerous area. The goal is to prevent harm or trouble to others. The order must be directly related to the problem at hand. It gives officials the power to solve public issues quickly. The instructions should be practical and help in avoiding a bigger issue. This makes sure that people follow public safety rules. The direction must be fair and not excessive.
4. Focus on Public Safety and Peace
The main aim of BNSS Section 163 is to prevent nuisance, injury, or danger to people or public property. It is also used to stop riots or any disturbance in society. The section helps avoid situations that disturb public peace or create fear. For example, stopping someone from creating a health hazard in a public area. It empowers authorities to take timely action for the safety of all. The benefit of the public is always more important than individual activities. It ensures a peaceful environment. Public interest is always the priority under this section.
5. Emergency Action Without Prior Notice
In some urgent cases, the Magistrate can issue an order without informing the affected person first. This is called an ex parte order. It is only used when delay can cause danger or damage. For example, if there’s a falling wall that needs to be taken down immediately. This type of order is only passed in extreme cases. It helps save lives or avoid serious issues. But the person affected can later challenge the order. So, it gives power for quick action but still allows fairness later. This ensures safety without ignoring justice.
6. Applies to Individuals, Areas, or General Public
The Magistrate can issue an order to one person, a group of people in a particular place, or even the general public in a certain area. For example, stopping people from entering a dangerous zone or preventing gatherings in sensitive areas. This flexibility makes the law effective in many different situations. It allows the authorities to maintain order as needed. This is especially useful during festivals, elections, or riots. Orders can be designed as per local needs. It helps keep control during large or risky events.
7. Limited Duration of Two Months
Any order under this section is valid for a maximum of two months from the date it is made. This is to make sure the power is not misused for a long period. It is a short-term preventive measure, not a permanent restriction. The law wants to protect rights while also ensuring safety. If the issue continues, a fresh order can be considered. This time limit also encourages authorities to regularly review the situation. Temporary orders ensure fairness to all. This keeps a balance between safety and personal freedom.
8. Extension Allowed by State Government
If the danger still exists after two months, the State Government can extend the order for up to six more months. This can only be done if there is still a risk to human life, health, or peace. The extension must be officially notified. This ensures that it is not extended without strong reasons. The extension must be recorded and justified in writing. This gives flexibility in case the situation doesn’t improve. But it also checks misuse of power. The total limit can’t exceed eight months. It keeps authority under control.
9. Right to Apply for Cancellation or Change
Any person who is affected by the Magistrate’s order can apply for cancellation or change of that order. Even the Magistrate himself or a higher officer can review and change it. The application can be made by any aggrieved person. This helps in protecting individual rights. If the order is wrong or not needed anymore, it can be removed. This makes sure justice is served. The process allows people to have a say in decisions affecting them. This improves trust in the legal system.
10. Applicant Must Be Heard Before Rejection
When someone applies for cancellation or change of the order, the Magistrate or State Government must give them a chance to speak. They can appear personally or through a lawyer. If the request is rejected, the reason must be given in writing. This step ensures fairness and proper hearing. It helps maintain transparency in the system. No one can be denied justice without being heard. This also ensures that orders are not passed blindly. Giving a chance to defend helps maintain public confidence in the law.
Example 1:
During a religious procession, there is a risk of clashes between two communities. The Magistrate issues an order banning gathering in the area for 2 days to prevent violence.
Example 2:
A factory is found to be releasing toxic smoke causing breathing problems in a nearby colony. The Magistrate issues an order to temporarily shut down the factory to protect public health.
Section 163 of BNSS Short Information
| Point | Details |
|---|---|
| Power Given To | District Magistrate, Sub-divisional Magistrate, or Special Executive Magistrate |
| Purpose | To prevent nuisance, danger to life, health, safety, or public disturbance |
| Nature of Order | Written, can be ex parte in emergency, valid up to 2 months (extendable to 6) |
| Applies To | Individual, group, or general public |
| Right to Challenge | Anyone affected can request cancellation/modification of the order |
Why is BNSS Section 163 Needed?
BNSS Section 163 is needed to:
- Handle emergency situations like riots, fights, or any public danger.
- Allow the Magistrate to act quickly to protect the public.
- Stop acts that can cause injury, disturbance, or threat to peace.
- Control large crowds or risky situations before they become violent.
- Maintain public order and safety without delay in legal process.
Without this section, authorities may not be able to respond fast during urgent and dangerous situations.
BNSS Section 163 FAQs
BNSS 163
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