Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 allows authorities to impose temporary restrictions to maintain public order during emergencies. It is commonly used to prevent riots, unlawful assemblies, protests or situations that could threaten public safety.
What Is Section 163 Of BNSS?
Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023) is a legal provision that allows Executive Magistrates to issue urgent orders to maintain public peace and prevent disturbances. The provision replaced the former Section 144 of the Criminal Procedure Code (CrPC), 1973, after the new criminal laws came into effect.
Who Can Issue Section 163 Orders?
The power to issue orders under Section 163 lies with:
•   District Magistrates (DM)
•   Sub-Divisional Magistrates (SDM)
•   Other Executive Magistrates authorised by the government
These officials can issue orders whenever they believe there is an immediate threat to public safety or law and order.
When Is Section 163 Imposed?
Authorities may impose Section 163 in situations involving:
•   Riots or communal tension
•   Violent protests
•   Unlawful public gatherings
•   Threats to public safety
•   Situations that may endanger human life or property
The objective is to prevent violence before it occurs.
What Restrictions Can Be Imposed?
Under Section 163, authorities may:
•   Ban the assembly of five or more people
•   Prohibit rallies, protests and public demonstrations
•   Restrict the carrying of weapons
•   Control the use of loudspeakers
•   In certain situations, impose restrictions on communication services such as the internet
The restrictions depend on the nature of the threat and the area affected.
How Long Does A Section 163 Order Remain In Force?
A Section 163 order is generally valid for up to 60 days. If necessary, the state government can extend the order, but the total duration usually cannot exceed six months.
Can Orders Be Issued Without Prior Notice?
In urgent situations, magistrates can issue ex-parte orders, meaning the restrictions can be imposed without giving prior notice or hearing affected individuals. This is done only when immediate action is considered necessary to prevent danger.
What Happens If Someone Violates Section 163?
Violating a Section 163 order is a punishable offence. Individuals who disobey the restrictions may face legal action under the Bharatiya Nyaya Sanhita (BNS) for failing to comply with lawful orders issued by a public servant.
