"Section 144" Prohibitory Orders Under the New Law: CrPC Section 144 vs BNSS Section 163

The power known by its old CrPC number as a "Section 144 order" — a Magistrate's direction to prevent an urgent nuisance or apprehended danger — now sits at Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in India. The operative text of Section 163 BNSS matches Section 144 of the Code of Criminal Procedure (CrPC), 1973, closely, including the two-month default duration and the six-month extension mechanism; a separate CrPC power to prohibit carrying arms in a procession, at Section 144A, was not located under a matching heading in the BNSS text searched.

The situation

Local authorities need to prevent an imminent risk to public order, safety, or health — an unlawful gathering, a threat to a particular person or property, or circumstances calling for an urgent restriction before a formal hearing can be held. A District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate issues a written order directing a person, or people in an area, to abstain from an act or take a specified step regarding property.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — The Magistrate forms an opinion that urgent action is needed

Section 163(1) BNSS requires the Magistrate to be of the opinion that "there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable." The order must be "written," must state "the material facts of the case," and must be "served in the manner provided by section 153" BNSS — the section headed "Service or notification of order", replacing the reference to Section 134 CrPC (same heading) in the old text.

Step 2 — The order may be ex parte in an emergency

Section 163(2) BNSS allows the order to be passed "ex parte" where there is an emergency, or where "the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed" — identical to Section 144(2) CrPC.

Step 3 — The order can target an individual, a place, or the public generally

Section 163(3) BNSS allows the direction to be "directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area" — the same three categories as Section 144(3) CrPC.

Step 4 — The order lapses after two months unless extended

Section 163(4) BNSS states:

"No order under this section shall remain in force for more than two months from the making thereof"

The proviso allows the State Government, by notification, to extend an order "for such further period not exceeding six months" where necessary "for preventing danger to human life, health or safety or for preventing a riot or any affray" — the identical mechanism and cap found in Section 144(4) CrPC.

Step 5 — The order can be challenged before the Magistrate or the State Government

Section 163(5)-(7) BNSS allows any Magistrate, on his own motion or an aggrieved person's application, to rescind or alter an order made by himself, a subordinate Magistrate, or a predecessor. The State Government has the same power over its own extension orders under the proviso to sub-section (4). Where an application under sub-section (5) or (6) is received, sub-section (7) requires "an early opportunity of appearing... either in person or by an advocate and showing cause against the order," and requires written reasons if the application is rejected "wholly or in part."

What changed — and what did not

• Identical: The grounds for an order, the Magistrate categories empowered to issue it, the ex parte power, the scope of direction (individual, area, or public), the two-month default duration, the six-month extension mechanism, and the rescission/alteration procedure are the same in substance and largely the same in wording between Section 144 CrPC and Section 163 BNSS.
• Modified: The cross-reference for the manner of service changes from Section 134 CrPC to Section 153 BNSS, reflecting the renumbering of the "Service or notification of order" provision in the new code — not a substantive change to the power itself. Section 163(7) BNSS also reads "by an advocate" where Section 144(7) CrPC read "by pleader".
• Not located — flagged as a gap, not asserted as abolished: Section 144A CrPC, prohibiting the carrying of arms in a procession or mass drill without permission, carries a footnote in the source text stating it was inserted by Act 25 of 2005, s.16, with commencement recorded there as "date yet to be notified" as at that note — meaning the file itself flags this section's operative status as uncertain even under the CrPC. A search of the BNSS text for the same subject matter located no corresponding section. This guide does not conclude the power has been abolished; it reports what was, and was not, found in the text searched, consistent with the rule against filling a research gap with a conclusion.

Which law applies to your case

An order already made under Section 144 CrPC and in force immediately before 1 July 2024 is not a "pending" matter; Section 531(2)(b) BNSS states that orders made under the CrPC and in force immediately before commencement "shall be deemed" to have been made under the corresponding provisions of the BNSS (on the mapping in this guide, Section 163). An application to rescind or alter such an order that was pending immediately before 1 July 2024 is disposed of under the CrPC by Section 531(2)(a) BNSS, which saves any "appeal, application, trial, inquiry or investigation" pending on that date. Because that saving covers only what was pending, an order issued or an application filed on or after 1 July 2024 falls under Section 163 BNSS — a reading of Section 531(2), not an express statement in it. See Offence Before 1 July 2024: Which Law Applies for the full transition rule.

Practical checklist

For the person affected by an order:

• Check the date the order was made — under Section 163(4) BNSS it cannot remain in force for more than two months from the making thereof unless the State Government extends it by notification under the proviso.
• If you were not served notice before the order, check whether the case was one of emergency or one where "the circumstances do not admit of the serving in due time of a notice" — the two situations in which Section 163(2) BNSS allows an ex parte order.
• To challenge the order, apply under Section 163(5) BNSS to the issuing Magistrate, a Magistrate to whom the issuing Magistrate is subordinate, or the issuing Magistrate's successor-in-office, or to the State Government under Section 163(6) BNSS if it is a State-extended order.

For the advocate:

• Verify service was effected "in the manner provided by section 153" BNSS, not the old Section 134 CrPC cross-reference, when reviewing an order made after 1 July 2024.
• If the matter involves arms carried in a procession or mass drill, do not assume Section 163 BNSS covers it — the BNSS text searched in this guide did not contain a matching provision; check the current Sanhita and any allied legislation directly before advising.
• On an application to rescind or alter, be ready to show cause within the "early opportunity" hearing under Section 163(7) BNSS, since a rejection in whole or in part requires the Magistrate or State Government to record reasons in writing.

Frequently asked questions

What is the new-law equivalent of a "Section 144" order?

Section 163 BNSS, headed "Power to issue order in urgent cases of nuisance or apprehended danger," replaces Section 144 CrPC. It allows a District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate to direct a person to abstain from an act or take an order regarding property, where immediate prevention or speedy remedy is needed to prevent obstruction, injury, danger to life, health or safety, public tranquillity disturbance, riot or affray.

How long can a Section 163 BNSS order stay in force?

Section 163(4) BNSS states no order shall remain in force for "more than two months from the making thereof," the same limit as Section 144(4) CrPC. The State Government may, by notification, extend it for a further period not exceeding six months if necessary to prevent danger to life, health or safety, or a riot or affray — again matching Section 144(4) CrPC's proviso.

Can a Section 163 BNSS order be passed without hearing the other side first?

Yes. Section 163(2) BNSS allows an order to be passed ex parte "in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed," the same standard as Section 144(2) CrPC.

What happened to the power to prohibit carrying arms in a procession?

Section 144A CrPC, as inserted, provides for the District Magistrate to prohibit carrying arms in a procession or mass drill, but a footnote in the source text records it as inserted by Act 25 of 2005, s.16, with its commencement date "yet to be notified" as at that note. A search of the BNSS text for the same subject matter (arms in a procession, mass drill or mass training with arms) did not locate a matching provision. This guide does not assert one does not exist elsewhere in the BNSS — only that none was found in the text searched.

Can an aggrieved person get a Section 163 BNSS order cancelled or changed?

Yes. Section 163(5) BNSS allows any Magistrate, on his own motion or on application by a person aggrieved, to rescind or alter an order made under the section by himself, a subordinate Magistrate, or his predecessor-in-office — matching Section 144(5) CrPC. Section 163(7) BNSS requires the Magistrate or State Government to give the applicant an early opportunity to be heard, and to record reasons in writing if the application is rejected in whole or in part.

Related on Veritect

• CrPC to BNSS: Complete Section Mapping
• Offence Before 1 July 2024: Which Law Applies
• Claiming Maintenance: Section 125 CrPC vs Section 144 BNSS
• Getting a Seized Vehicle or Property Back: CrPC 451-459 vs BNSS 497-505
• Section 144 CrPC vs Section 163 BNSS — Prohibitory Orders in Urgent Cases of Nuisance or Apprehended Danger
• Sections 133–143 CrPC vs Sections 152–162 BNSS — Magistrate's Orders for Removal of Public Nuisance

Statutory sources

• Code of Criminal Procedure, 1973 — Sections 144, 144A
• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 163

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.