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Reading: Section 162 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance.
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ApniLaw > Blog > Bare Act > BNSS > Section 162 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance.
BNSS

Section 162 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance.

Apni Law
Last updated: March 9, 2025 9:54 pm
Apni Law
9 months ago
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Section 162 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance
Section 162 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance
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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.

Contents
Code: Section 162 BNSSExplanation of Section 162 BNSSKey ProvisionsIllustrationExample 1: Loudspeaker ViolationExample 2: Illegal Street Vendors Blocking RoadsExample 3: Industrial PollutionCommon Questions and Answers on Section 162 BNSSWho can issue an order under Section 162 BNSS?What kind of public nuisances are covered under Section 162 BNSS?What happens if someone disobeys an order under Section 162 BNSS?Can a person challenge an order under Section 162 BNSS?Conclusion

Key Provisions

  1. 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.
  1. 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.
  1. 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.

For more legal insights, visit ApniLaw today!

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TAGGED:Apprehended DangerBhartiya Nyaya SanhitaBNSSCriminal LawDeputy Commissioner of PoliceDistrict MagistrateExecutive MagistrateIndia LawLaw Enforcementlegal proceedingslocal lawNuisance AbatementPublic NuisancePublic OrderPublic SafetySection 162State GovernmentUrgent Cases
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Previous Article Section 160 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Procedure On Order Being Made Absolute And Consequences Of Disobedience Section 160 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure On Order Being Made Absolute And Consequences Of Disobedience.
Next Article Section 171 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Prevention Of Injury To Public Property Section 171 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Prevention Of Injury To Public Property.
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