Prohibitory Orders under Section 163 of the BNSS

An urgent prohibitory order is a preventive direction that temporarily restricts specified activities to avert an immediate danger or disturbance. Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers designated Executive Magistrates to issue such orders when sufficient grounds exist and immediate prevention or speedy remedy is desirable.

Who may issue an order and on what grounds?

The power belongs to the District Magistrate, the Sub-divisional Magistrate, or another Executive Magistrate specially empowered by the State Government. It is a preventive power, rather than a means of punishing an offence already committed.

• An order may be issued where the direction is likely to prevent obstruction, annoyance or injury to a person lawfully employed.
• It may also address danger to human life, health or safety, disturbance of public tranquillity, a riot or an affray.

What directions can the order contain?

The Magistrate must issue a written order stating the material facts of the case. The order may direct a person to abstain from a particular act or to take specified action concerning property in that person's possession or management.

• The order may apply to a particular individual, persons residing in a particular place or area, or the public generally when frequenting or visiting a particular place or area.
• An ex parte order, issued without first hearing the affected person, is permitted in an emergency or where circumstances do not allow timely service of notice.
• Section 163 corresponds to the earlier Section 144 of the Code of Criminal Procedure, 1973.

Duration and statutory safeguards

• A Magistrate's order cannot remain in force for more than two months from its making.
• The State Government may, by notification, extend its operation for a further period not exceeding six months after its ordinary expiry, where necessary to prevent danger to human life, health or safety, or a riot or affray.
• The Magistrate may rescind or alter an order, either independently or on an application by an aggrieved person; the State Government has corresponding power over its extension.
• An applicant must receive an early opportunity to be heard, and rejection of the application must be supported by written reasons.

Relationship with fundamental rights

Restrictions affecting expression or peaceful assembly must comply with Article 19(1)(a) and Article 19(1)(b), read with the permissible reasonable restrictions under Articles 19(2) and 19(3). Urgency does not remove constitutional safeguards: orders remain subject to judicial review and must satisfy requirements of necessity and proportionality.