Code:
(1) All persons shall be bound to conform to the lawful directions of a police
officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or
disregarding to conform to any direction given by him under sub-section (1) and may either
take such person before a Magistrate or, in petty cases, release him as soon as possible
within a period of twenty-four hours.
Explanation:
This section of the BNSS deals with the power of a police officer to give directions and enforce them. It states that:
- All persons are bound to comply with the lawful directions of a police officer given in the course of their duty under Chapter 10 of the BNSS (which deals with the powers of police officers).
- A police officer can detain or remove any person who resists, refuses, ignores, or disregards their direction.
- The officer can either take the person before a Judicial Magistrate or, in minor cases, release them when the situation has passed.
Illustration:
A police officer is directing traffic at a busy intersection. A driver ignores the officer’s signal and continues driving. The police officer has the authority to detain the driver and take them to a magistrate or, if the situation is minor, release them after a warning.
Common Questions and Answers:
Q: What are considered “lawful directions”?
A: Lawful directions are those given within the scope of a police officer’s duty and in accordance with the law. They must be reasonable and not arbitrary.
Q: When can a police officer detain someone?
A: A police officer can detain someone only if they resist, refuse, ignore, or disregard their lawful direction.
Q: What are considered “petty cases”?
A: Petty cases are those involving minor offenses where the situation can be resolved without the need for a magistrate’s intervention.
