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Section 163 BNSS empowers a magistrate to issue prohibitory orders in urgent cases of nuisance or apprehended danger — the successor to Section 144 CrPC.
Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers a District Magistrate, Sub-Divisional Magistrate or other authorised Executive Magistrate to issue written orders restraining people from certain acts in urgent cases of nuisance or apprehended danger. It is the direct successor of Section 144 of the old Code of Criminal Procedure (CrPC), which it replaced when India's new criminal laws came into force on 1 July 2024. The provision is commonly used to prohibit assemblies, processions or the carrying of weapons where public order is at risk.
Type: LawSuccessor to Section 144 CrPC — the text is substantially identical, so earlier court rulings on Section 144 continue to apply.
Issued by a District/Sub-Divisional/Executive Magistrate when immediate prevention or a speedy remedy is needed.
Aims to prevent obstruction, annoyance, injury, danger to human life or safety, or a riot/affray.
An order ordinarily stays in force for up to two months.
The State Government may extend it for a maximum of six months.
Frequency: Highly current — frequently appears because of the 2024 criminal law overhaul.
| Aspect | Section 144 CrPC | Section 163 BNSS |
|---|---|---|
| Status | Repealed (till 30 June 2024) | In force (from 1 July 2024) |
| Purpose | Prohibitory orders in urgent cases | Same — substantially identical text |
| Issuing authority | District/Executive Magistrate | District/Executive Magistrate |
| Duration | Up to 2 months (extendable to 6) | Up to 2 months (extendable to 6) |
Section 163 BNSS = prohibitory orders in urgent cases (old Section 144 CrPC).
Issued by District/Sub-Divisional/Executive Magistrate.
Used to ban gatherings, processions, carrying of weapons.
Order valid up to 2 months; extendable to 6 months by State Government.
Part of the BNSS, 2023, in force from 1 July 2024.
It lets a magistrate issue urgent orders banning certain activities — like public gatherings or carrying weapons — to prevent trouble. It is the new version of the old Section 144 CrPC.
It replaces Section 144 of the Code of Criminal Procedure, with substantially identical wording.
Ordinarily up to two months, which the State Government may extend to a maximum of six months.