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BNSS Section 163 prohibitory orders imposed in New Delhi ahead of a planned protest
వార్తల్లో ఎందుకు?
Section 144 is gone from the statute book: the BNSS Section 163 swap every Polity answer must know
The new criminal procedure code's prohibitory-order provision was used in the capital.
Why it matters: factual, Prelims-type
What you need to know
2 నిమి
Delhi authorities imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ahead of a planned protest in the capital.
Section 163 empowers a magistrate to issue orders in urgent cases of nuisance or apprehended danger, and it takes the place of Section 144 of the older Code of Criminal Procedure.
The right to assemble peaceably is protected under Article 19(1)(b), subject to reasonable restrictions.
మూలాలు: Topper IAS editorial (PIB / The Hindu / Indian Express)
ముఖ్య వాస్తవాలు
Remember these
- Delhi authorities imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, ahead of a planned protest.
- BNSS Section 163 replaces Section 144 of the Code of Criminal Procedure, 1973.
- The provision empowers a magistrate to act in urgent cases of nuisance or apprehended danger.
- Article 19(1)(b) protects the right to assemble peaceably and without arms.
- Restrictions on assembly must be reasonable and can be imposed on grounds such as public order and sovereignty and integrity of India.
ప్రిలిమ్స్ · మెయిన్స్
How the exam will ask it
ప్రిలిమ్స్
- Statement: Section 163 of the BNSS, 2023 is the successor to Section 144 of the CrPC, 1973 for issuing orders in urgent cases of nuisance or apprehended danger.
- Statement: The right to assemble peaceably and without arms under Article 19(1)(b) is an absolute right and cannot be restricted. (Incorrect: it is subject to reasonable restrictions.)
- Statement: Prohibitory orders under Section 163 BNSS are issued by a magistrate, not by the legislature.
మెయిన్స్
GS2 Polity (Fundamental Rights) and GS3 Internal Security: prohibitory orders balance the Article 19(1)(b) right to assemble against public order, and Section 163 BNSS carries forward the old Section 144 power. Their broad use against protests raises concerns about proportionality and misuse, so the way forward is orders that are time-bound, specific, reasoned and open to judicial review.
Quick recall
Answer before you reveal
Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which lets magistrates issue orders in urgent cases of nuisance or apprehended danger, corresponds to which provision of the older Code of Criminal Procedure, 1973?
- Section 144
- Section 133
- Section 107
- Section 151
సమాధానం చూడండి
సమాధానం: A — Correct: Section 144 — Section 144 of the CrPC, used for prohibitory orders against assembly, is the provision BNSS Section 163 replaces. • Section 133 — wrong: CrPC Section 133 dealt with conditional orders for removal of public nuisances, a different power. • Section 107 — wrong: CrPC Section 107 concerns security for keeping the peace, not urgent prohibitory orders. • Section 151 — wrong: CrPC Section 151 relates to arrest to prevent cognizable offences, not prohibitory orders.
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