Section 163 of the BNSS
In one line: Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a District Magistrate, Sub-divisional Magistrate or other empowered Executive Magistrate issue urgent orders to prevent nuisance or apprehended danger, such as banning gatherings.
What carried over
The BNSS replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 163 carries forward the old Section 144. An order normally lasts up to two months, and the State government can extend it, but not beyond six months in total. Disobeying a lawful order of a public servant is punishable under Section 223 of the Bharatiya Nyaya Sanhita, which replaced Section 188 IPC.
Limits
Courts have said such orders need real, reasoned grounds and must be proportionate; they cannot be used to stop legitimate expression.
Why it is in the news
The Indian Express explainer of 10 October 2026 notes that an aggrieved person can challenge a Section 163 order, and that protesting in defiance of one can attract Section 223 BNS.
Where to go next
- Doctrine of proportionality
- Article 19(1)(b) and Article 19(3)
Section 163 of the BNSS in the news
- UN rights office flags mass detentions at Delhi protest; India calls it 'interference' 11 October 2026
The prohibitory-order power that replaced Section 144 CrPC.
- Supreme Court calls blanket Metro and train shutdown before Delhi protest 'overreaching' 10 October 2026
The prohibitory order that replaced Section 144 CrPC.
Previous-year questions on this
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- 2021 · GS2 · 15 marks Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their…
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