Section 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers certain authorities to prevent the continuation or repetition of public nuisances. This provision is pivotal in maintaining public order and safety.(indiankanoon.org, apnilaw.com)
๐งพ Text of Section 162
162. Magistrate may prohibit repetition or continuance of public nuisance.
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. (vidhijudicial.com)
๐ Key Features of Section 162
Authorities Empowered to Act:
District Magistrate
Sub-divisional Magistrate
Executive Magistrates
Deputy Commissioner of Police (DCP)
These officials must be specifically empowered by the State Government or the District Magistrate to exercise the powers under this section.(apnilaw.com)
Scope of Public Nuisance:
The term "public nuisance" is defined under the Bharatiya Nyaya Sanhita (BNS), 2023, or any applicable special or local law.
Examples include:
Noise pollution beyond permissible limits
Obstruction of public pathways
Illegal encroachments
Unlawful gatherings
Environmental pollution
Objective:
To prevent the recurrence or continuation of public nuisances that disrupt public peace, safety, or order.(apnilaw.com)
Legal Consequences of Non-Compliance:
Failure to adhere to an order under this section may result in legal actions, including penalties or further restrictive measures as per the provisions of the BNSS and BNS.
โ๏ธ Illustrative Examples
Example 1: Noise Pollution
A religious institution in a residential area plays loudspeakers beyond permissible hours, causing disturbance. Despite warnings, the institution continues the activity. The Magistrate, under Section 162 BNSS, orders the institution to cease playing loudspeakers at night.
Example 2: Illegal Street Vendors
Street vendors occupy a busy main road, obstructing traffic. Authorities remove them, but they return the next day. The Magistrate issues an order prohibiting their return to the same location under Section 162 BNSS.
Example 3: Industrial Pollution
A factory continuously dumps toxic waste into a local river, despite warnings. The Magistrate invokes Section 162 BNSS to prohibit further dumping and warns of legal consequences for non-compliance.(
โ Frequently Asked Questions
Who can issue an order under Section 162 BNSS?
A District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police, if authorized, can issue an order under this section.
What constitutes a "public nuisance"?
Public nuisance refers to activities that harm public health, safety, or welfare, as defined in the BNS or other applicable laws
What happens if someone disobeys an order under Section 162 BNSS?
Non-compliance can lead to legal actions, including penalties and further restrictive measures under BNSS and BNS provisions.
Can a person challenge an order under Section 162 BNSS?
Yes, the affected person can challenge the order through legal remedies, including appeals to higher judicial authorities.
๐ Conclusion
Section 162 of the BNSS, 2023, serves as a preventive legal measure to ensure that individuals do not repeat or continue public nuisances. By granting powers to Magistrates and DCPs to issue orders stopping recurring public disturbances, it aids in maintaining public peace, safety, and order effectively.
RELATED Blog
0 comments