Source: DD News

Why in News?

On 30^th September, the Delhi Police commissioner announced the immediate enforcement of Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) due to anticipated protests and demonstrations in early October. This six-day directive prohibits gatherings of five or more people, bans sit-ins, and restricts the carrying of weapons in specific districts of Delhi.

• The decision is prompted by political tensions linked to various issues, including the DUSU election results and upcoming festivals, with an aim to maintain law and order during sensitive events.

Why was Section 163 of BNSS Implemented in Delhi?

• On 30^th September 2024, the Commissioner of Police, Delhi, exercising powers vested under the law, implemented Section 163 of BNSS 2023 in specific districts of Delhi.
• The order shall remain in effect for a duration of six days from the date of implementation.
• Grounds for Implementation:
  • Intelligence inputs indicating the probability of protests, demonstrations, and campaigns by various organizations across Delhi in the first week of October 2024
  • Sensitive atmosphere due to current law and order situation
• Political Tensions Concerning:
  • Proposed amendments to the Waqf Board
  • The Shahi Idgah issue
  • Pending Delhi University Students' Union (DUSU) election results
  • Assembly elections in two states
• Operational Impact:
  • Prohibition on sit-in demonstrations
  • Restriction on carrying any type of weapon
  • Enhanced security arrangements, particularly in view of:
    • Impending announcement of Delhi University election results
    • Gandhi Jayanti celebrations on 2^nd October 2024
• Additional Considerations:
  • Anticipated surge in VVIP movement, particularly in New Delhi and Central Delhi areas
  • Necessity to maintain public order and safety during the specified period
• The order has been issued in accordance with the legal provisions to maintain public order and prevent any potential disruption to peace and tranquility in the affected areas.

What is Section 163 of BNSS?

• About:
  • Section 163 of BNSS deals with the power to issue orders in urgent cases of nuisance or apprehended danger.
  • Previously it was provided under Section 144 of Code of Criminal Procedure, 1973 CrPC.
  • Section 163 gives power to Magistrates to issue immediate preventive orders in urgent cases where there is sufficient ground to prevent obstruction, danger to human life, public disturbance, or riots, allowing such orders to be directed at individuals, specific areas, or the general public for up to two months, with the State Government having the authority to extend this period by up to six additional months.
• Competent Authorities:
  • The following authorities are empowered to issue orders under Section 163:
  • District Magistrate
  • Sub-divisional Magistrate
  • Any other Executive Magistrate specially empowered by the State Government
• Pre-requisites:
  • Substantive Requirements:
    • Sufficient ground for proceeding
    • Necessity for immediate prevention or speedy remedy
    • Written order stating material facts
  • Procedural Requirement:
    • Service of order in accordance with Section 153 BNSS.
• Scope and Purpose:
  • Preventive Measures: The order may direct a person to:
    • Abstain from certain acts
    • Take specific actions regarding property in their possession or management
  • Intended Outcomes: Prevention or tendency to prevent:
    • Obstruction, annoyance, or injury to lawfully employed persons
    • Danger to human life, health, or safety
    • Disturbance of public tranquility
    • Riots or affrays
• Procedural Flexibility:
  • Ex Parte Orders: May be passed in cases of:
    • Emergency
    • Circumstances not admitting timely service of notice
• Applicability:
  • Orders may be directed to:
    • Individuals
    • Persons residing in a specific place or area
    • Public generally when frequenting locations
• Temporal Limitations:
  • Initial Duration:
    • Maximum period of two months from the date of issuance
  • Extension Provision:
    • State Government may extend by notification
    • Additional duration not exceeding six months
    • Extension conditional upon necessity to prevent:
      • Danger to human life, health, or safety
      • Riots or affrays
• Modification and Rescission:
  • Magisterial Powers:
    • Suo motu or on application by aggrieved person
    • Authority to rescind or alter orders by:
      • The issuing Magistrate
      • Any superior Magistrate
      • Predecessor-in-office
  • State Government Powers:
    • Authority to rescind or alter its own extension orders
    • May act suo motu or on application
• Procedural Safeguards:
  • Hearing Requirement: Upon receiving application for modification/rescission:
    • Early opportunity of appearance must be afforded
    • Applicant may appear in person or through advocate
  • Reasoned Order:
    • In case of rejection (whole or partial): Reasons must be recorded in writing