Code: Section 162 BNSS
162. 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.
Explanation of Section 162 BNSS
Section 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers designated Magistrates to stop individuals from continuing or repeating public nuisances. This provision is crucial in maintaining public order and preventing recurring disturbances.
Key Provisions
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Authority to Issue Orders
- The District Magistrate (DM), Sub-divisional Magistrate (SDM), or an Executive Magistrate can issue an order under this section.
- A Deputy Commissioner of Police (DCP) may also be empowered by the State Government or the District Magistrate.
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Scope of Public Nuisance
- Public nuisance is defined under the Bharatiya Nyaya Sanhita (BNS), 2023 or any special/local law.
- This may include pollution, unlawful assembly, illegal constructions, loud noise disturbances, blocking public pathways, etc.
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Objective of the Section
- Prevention of Recurrence: Ensures that once a public nuisance has been identified, the offender does not repeat or continue it.
- Quick Action: The Magistrate can issue an order without waiting for prolonged legal proceedings.
Illustration
Example 1: Loudspeaker Violation
A religious institution in a residential area plays loudspeakers beyond permissible hours, causing disturbance. The police issue warnings, but the institution continues the activity. The Magistrate, under Section 162 BNSS, orders the institution to stop playing loudspeakers at night.
Example 2: Illegal Street Vendors Blocking Roads
Street vendors occupy a busy main road, obstructing traffic. The authorities remove them, but they return the next day. The Magistrate, using Section 162 BNSS, issues an order prohibiting their return to the same location.
Example 3: Industrial Pollution
A factory continuously dumps toxic waste into a local river, despite warnings. The Magistrate invokes Section 162 BNSS to prohibit further dumping and warns of legal consequences for non-compliance.
Common Questions and Answers on Section 162 BNSS
Who can issue an order under Section 162 BNSS?
A District Magistrate (DM), Sub-divisional Magistrate (SDM), Executive Magistrate, or a Deputy Commissioner of Police (DCP), if authorized, can issue an order under this section.
What kind of public nuisances are covered under Section 162 BNSS?
Any public nuisance defined in the Bharatiya Nyaya Sanhita, 2023 or other special/local laws falls under this provision. This includes noise pollution, illegal encroachments, pollution, unlawful gatherings, etc.
What happens if someone disobeys an order under Section 162 BNSS?
Failure to comply with the order can result in legal action, including penalties and further restrictive measures under BNSS and BNS provisions.
Can a person challenge an order under Section 162 BNSS?
Yes, the affected person can challenge the order through legal remedies, including appeals to higher judicial authorities.
Conclusion
Section 162 BNSS is a preventive legal provision that ensures individuals do not repeat or continue public nuisances. It grants powers to Magistrates and DCPs to issue orders stopping recurring public disturbances. This helps maintain public peace, safety, and order effectively.
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