What Is BNSS Section 162?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 Bhartiya Nyaya Sanhita, 2023, or any special or local law.

Brefe Detail

This section authorizes District and Sub-divisional Magistrates, as well as other designated authorities, to issue orders preventing individuals from repeating or continuing public nuisances as defined by law. This aims to maintain public order and safety.

Question & Answers

Q1: Who has the authority to prohibit public nuisances under Section 162?

A1: A District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police can issue such orders.

Q2: What is considered a public nuisance?

A2: A public nuisance is defined in the Bhartiya Nyaya Sanhita, 2023, or any special or local law.

Q3: Can anyone other than the District Magistrate issue these orders?

A3: Yes, any Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or District Magistrate can issue orders against public nuisances.

Example

1. Scenario: A business is consistently creating excessive noise that disturbs nearby residents.
Action: The District Magistrate orders the business to cease the noise, classifying it as a public nuisance.

2. Scenario: A group is holding unauthorized gatherings that obstruct traffic and cause public inconvenience.
Action: A Sub-divisional Magistrate issues an order to the group to stop the gatherings.

Summary

Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers specific magistrates to prohibit individuals from repeating or continuing public nuisances. This helps maintain public order by addressing issues defined in applicable laws.