BNSS Section 162: Magistrate may prohibit repetition or continuance of public nuisance (formerly CrPC 143)
Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024
BNSS 162: Magistrate may prohibit repetition or continuance of public nuisance
From 1 July 2024
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.
What it replaced in the CrPC
BNSS 162 ← CrPC 143 · Magistrate may prohibit repetition or continuance of public nuisanceChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The words "or Deputy Commissioner of Police" are added.
Printed in both official correspondence tables (BPR&D and NCRB).
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate 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 Indian Penal Code (45 of 1860), or any special or local law.
C.—Urgent cases of nuisance or apprehended danger
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 143
They remain the law on CrPC 143. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 12.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 28.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.