Understanding Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

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Key takeaways

Section 163 of the BNSS, 2023 replaces the colonial-era Section 144 CrPC to regulate emergency situations and maintain public order.
Orders issued by an Executive Magistrate under this section normally stay in force for a maximum duration of two months.
State Governments hold the legal authority to extend the operation of these orders up to six additional months through a formal notification.
Landmark Supreme Court rulings including Babulal Parate and Ramlila Maidan require orders to strictly satisfy tests of necessity and proportionality.

The Delhi Police recently refused permission for political demonstrations planned by the Cockroach Janta Party near the New Delhi district.
To prevent these protests, authorities imposed prohibitory orders across the area using Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

This legal provision serves as a preventive and emergency safety measure under the new Bharatiya Nagarik Suraksha Sanhita.
It directly replaces the historic Section 144 of the Code of Criminal Procedure (CrPC), 1973.
The law gives an Executive Magistrate official power to issue written orders that ban specific actions or regulate how people use property.

The section functions as the modern successor to Section 144 CrPC, allowing Executive Magistrates to stop sudden threats to public order.
It includes a statutory sunset period where orders automatically end after two months to ensure they remain strictly temporary.
The State Government holds the power to extend any order for up to six additional months through a formal legal notification.
Its executive scope goes beyond halting protests, as officials also use it for tenant verification, mandating CCTV installation, and commercial safety rules.
This wide administrative use has raised growing public concerns regarding regular overuse by civil servants.
The Supreme Court established landmark guidelines through cases like Babulal Parate, Ramlila Maidan, and MKSS.
These rulings mandate that executive orders must strictly follow the principles of necessity, proportionality, and protection of peaceful assembly.

An Executive Magistrate can legally enforce Section 163 only after meeting specific strict threshold tests.
The Magistrate must record clear written evidence showing sufficient grounds for immediate action and speedy remedies.
The proposed order must directly aim to stop at least one legally defined hazard from taking place.
One valid hazard is preventing obstruction, annoyance, or physical injury to any person who is doing their lawful work.
Another valid hazard is stopping clear danger to human life, health, or overall public safety.
The law also allows intervention to stop a disturbance of public peace, a riot, or an affray.
Constitutional courts require the threat to be real, immediate, and serious rather than based on speculation or executive convenience.