Section 163 BNSS (old Section 144): what a prohibitory order means

"Section 144 has been imposed." Since 1 July 2024 the same power sits in Sec 163 BNSS, so newer notices say "Section 163". Either way, for a period, gatherings may be banned and marches stopped. Here is what these orders can do, what they cannot, and what you can do about them.

What the law says

Sec 163 BNSS (earlier Sec 144 CrPC) lets a District Magistrate, a Sub-Divisional Magistrate or another Executive Magistrate specially empowered by the State Government pass an urgent order. An Executive Magistrate is a government officer (usually from the district administration, not a judge) with powers to keep public order.

The magistrate can act when there is enough ground and "immediate prevention or speedy remedy" is needed. The order can direct a person, the residents of an area or the public visiting it to stop doing something. Its purpose must be to prevent obstruction, annoyance or injury, danger to human life, health or safety, disturbance of public peace, or a riot or affray (a public fight).

• The order must be in writing and must state the material facts behind it (Sec 163(1)).
• In an emergency it can be passed without first hearing the people affected (Sec 163(2)).
• It lapses after two months. The State Government can extend it by notification for up to six more months, but only to prevent danger to life, health or safety, or a riot (Sec 163(4)).
• Any person aggrieved can apply to have it cancelled or changed. The magistrate must give you an early hearing, in person or through an advocate, and must record written reasons if the application is rejected (Sec 163(5) to (7)).

What a typical order bans, and what it does not

Orders differ from district to district, so read the actual text. Common clauses: no assembly of five or more persons without permission; no weapons, sticks or inflammable material; no loudspeakers or processions without permission; sometimes a bar on spreading rumours.

What the order is not:

• It is not a curfew. A curfew confines people indoors. A Sec 163 order usually bans gatherings, not movement, unless the text says so.
• It does not by itself close markets, schools or offices, or stop you going to work, hospital, a court or a railway station.
• It does not cancel your rights under Art 19(1)(a), (b) and (d) to speak, assemble peacefully and move freely. It restricts them in a limited area for a limited time, and that restriction must be reasonable under Art 19(2) and (3).

The Supreme Court upheld the power in Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) but said it is meant for emergencies. In Anuradha Bhasin v. Union of India (2020) it laid down the working limits: the order cannot be used to suppress legitimate expression of opinion or grievance; the magistrate must record reasons and choose the least restrictive measure that works; repeated orders cannot keep an area under restriction indefinitely; and every order can be examined by a court.

What happens if you disobey

Knowingly disobeying a lawful order of a public servant is an offence under Sec 223 BNS (earlier Sec 188 IPC). "Knowingly" matters: the prosecution must show you knew of the order. The punishment is:

• Simple imprisonment up to six months, or fine up to Rs 2,500, or both, if the disobedience causes or risks obstruction, annoyance or injury.
• Imprisonment up to one year, or fine up to Rs 5,000, or both, if it causes or risks danger to human life, health or safety, or a riot or affray.

Police can also order a gathering to disperse. If you are asked to leave, it is usually safest to comply, record what happened, and object later through lawful channels.

Step by step

1. Read the order. Get a copy from the police station, the District Magistrate's office or the district website. Check the area, the banned acts and the start and end dates.
2. Apply for exemption or change. Write to the magistrate who issued it under Sec 163(5) BNSS: who you are, what you plan (a meeting, a wedding procession, a protest), the place, time, expected numbers and your safety steps. Ask for a hearing.
3. Seek permission in advance. For a planned protest, apply to the local police and administration early. Many cities have designated protest sites and time limits.
4. Go to the High Court. If the order is unreasoned, covers a whole district for weeks, or is renewed again and again, a writ petition under Art 226 can challenge it.
5. Get help. Free legal aid: call 15100 or visit the District Legal Services Authority. In an emergency call 112.

If you are detained or charged

You have the right to know why you are held and to speak to a lawyer. A Sec 223 BNS offence is minor and bailable, so ask for bail at once. Stay calm, do not resist, note the officers' names, the time and the place, and inform a family member and an advocate. Under Arnesh Kumar v. State of Bihar (2014), arrest is not automatic for offences punishable up to seven years.