Section 172 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Persons Bound To Conform To Lawful Directions Of Police.

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Section 172: Persons Bound To Conform To Lawful Directions Of Police

Code:

  1. Duty to Conform: All persons are required to comply with lawful directions given by a police officer when such directions are given in the course of the officer fulfilling any duty under this chapter.
  2. Action Against Non-Compliance: If any person resists, refuses, ignores, or disregards the directions given under sub-section (1), the police officer has the authority to:
    • Detain or Remove the Person: The officer may detain or remove the person who fails to comply.
    • Take Before a Judicial Magistrate: The officer may take the non-compliant person to a Judicial Magistrate.
    • Release in Petty Cases: In minor cases, the police officer may release the person once the situation requiring action has passed.

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.

Also Read  Section 2 CrPC: Definitions - Indian Code of Criminal Procedure Explained

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.

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