"Delhi Police Invoke BNSS Section 163 Ahead of Planned Protest"
Executive Magistrate
an administrative official empowered to issue preventive orders to maintain public order
Prohibitory order
a written direction barring a person from doing a specific act to prevent harm
The right to protest in India is not a separate fundamental right by itself. It comes from two parts of Article 19 of the Constitution. These are freedom of speech and expression under Article 19(1)(a), and the right to assemble peaceably without arms under Article 19(1)(b). Together, these two provisions form the constitutional basis for public dissent and organised demonstrations. The Constitution-makers also allowed the State to limit these rights.
Article 19(2) and Article 19(3) allow the State to place reasonable restrictions on these freedoms. Grounds for restriction include public order, the sovereignty and integrity of India, security of the State, and incitement to an offence. Public order is a State List subject under the Seventh Schedule. This means police procedures for protests can differ across states. The main statutory tool to restrict assemblies used to be Section 144 of the Code of Criminal Procedure (CrPC). This has now been replaced by Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This is the new criminal procedure code that came into force in 2024.
Section 144 CrPC had colonial-era roots. It was commonly believed to bar gatherings of more than three people. However, its actual text is broader than this. It was also often used to block telecom services and order internet shutdowns. Section 163 BNSS keeps the same core structure and powers. It is just under a new numbering and code.
A Zero FIR is a mechanism that allows an FIR to be lodged at any police station. This happens regardless of territorial jurisdiction. After this, it is transferred to the competent police station.
Section 163 BNSS empowers an Executive Magistrate to issue a written order directing a person to stop doing something. Or it directs them to take some action regarding property. This applies where there is sufficient ground to believe that immediate prevention or a quick remedy is needed to avoid harm. The order can be used to prevent obstruction, annoyance, or injury to any person doing lawful work. It can also prevent danger to human life, health or safety. It can prevent disturbance of public peace, or a riot or affray (a public fight between people).
The provision is designed as an emergency power, not a routine one. …
Consider the following statements regarding Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
1.It empowers an Executive Magistrate to issue prohibitory orders to prevent imminent threats to public order.
2.An order issued under this section lapses after a maximum of two months.
3.It replaced Section 144 of the Code of Criminal Procedure, 1973.
Which of the statements given above is/are correct?
Which Article(s) of the Constitution of India form the basis of the right to peaceful protest?
With reference to restrictions on fundamental rights under Article 19, consider the following pairs:
Ground for restriction : Relevant clause
1.Public order : Article 19(2)
2.Sovereignty and integrity of India : Article 19(2)
3.Security of the State : Article 19(3)
Which of the pairs given above is/are correctly matched?
The Supreme Court's ruling in Babulal Parate v. State of Maharashtra (1961) is significant because it held that the power under Section 144 CrPC (now Section 163 BNSS):
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