Quick answer
Yes, in genuine urgent cases. Section 163 of the B.N.S.S. (old Section 144 CrPC) lets a District Magistrate, a Sub-divisional Magistrate or another Executive Magistrate specially empowered by the State Government issue a written order directing any person, the residents of an area, or the public generally to abstain from a certain act, where immediate prevention is needed to stop obstruction, injury, danger to human life, health or safety, disturbance of public tranquillity, a riot or an affray. Such an order lasts at most two months, extendable by the State Government by notification for up to six more months. In Anuradha Bhasin v. Union of India (2020), the Supreme Court held that the power must be used in a bona fide, reasoned and proportionate way and cannot be used to suppress legitimate expression of opinion or grievance.
The law: Section 163 B.N.S.S.
- Who: District Magistrate, Sub-divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government (Section 163(1)).
- Grounds: sufficient ground, and immediate prevention or speedy remedy is desirable to prevent obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, a disturbance of public tranquillity, a riot or an affray.
- Form: a written order stating the material facts of the case. In an emergency it may be passed ex parte (without first hearing the person affected) (Section 163(2)).
- Reach: a particular individual, persons in a particular place or area, or the public generally when visiting a particular place (Section 163(3)).
- Duration: not more than two months; the State Government may extend it by notification for up to six months beyond the date it would have expired, to prevent danger to human life, health or safety, or a riot or affray (Section 163(4)).
- Review: any Magistrate may rescind or alter an order made by himself, a subordinate Magistrate or his predecessor, and the State Government may rescind or alter its own extension, either on their own or on an aggrieved person's application. An applicant must get an early hearing, and reasons must be recorded for rejecting the application (Section 163(5) to (7)).
- Breach: knowingly disobeying such an order is an offence under Section 223 B.N.S. (old Section 188 IPC), punishable more severely where the disobedience endangers human life, health or safety or causes a riot or affray.
Anuradha Bhasin v. Union of India, AIR 2020 SC 1308, Supreme Court of India, decided 10 January 2020. Bench: N.V. Ramana, R. Subhash Reddy and B.R. Gavai, JJ. Dealing with the restrictions in Jammu and Kashmir, the Court summarised the law on Section 144 CrPC: (i) the power is remedial and preventive and may be used for a present danger or an apprehension of danger, but the danger must be in the nature of an emergency; (ii) it cannot be used to suppress legitimate expression of opinion or grievance or the exercise of democratic rights; (iii) the order must state material facts to allow judicial review and show application of mind; (iv) the Magistrate must balance rights and restrictions on the principle of proportionality and choose the least intrusive measure; and (v) repetitive orders are an abuse of power.
Two "Section 144s": do not mix them up
| Provision | Subject |
|---|---|
| Section 144 CrPC (old law) | Urgent orders in cases of nuisance or apprehended danger, now Section 163 B.N.S.S. |
| Section 144 B.N.S.S. | Maintenance of wives, children and parents (old Section 125 CrPC) |
Police report specific information that two rival groups plan to clash during a procession through a narrow market. The District Magistrate issues a written order under Section 163 stating these facts, banning the assembly of more than a few people on that route for 48 hours and allowing the procession on a different road. The order is limited in time, place and scope. A blanket ban on all peaceful meetings across the district for weeks, without stated reasons, would fail the Anuradha Bhasin test.
For a fuller discussion of the judgment, see Anuradha Bhasin v. Union of India.
Exam point
Section 163 B.N.S.S. (old Section 144 CrPC): written, reasoned, emergency orders for up to two months (State extension up to six months); Anuradha Bhasin (2020) requires proportionality and bars use to suppress legitimate dissent.
