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BNSS, 2023
Start Practicing
BNSSChapter XISection 162
Section162

Magistrate may prohibit repetition or continuance of public nuisance

AI Assist

Summary

An empowered District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police may order a person not to repeat or continue a public nuisance. The power applies where the nuisance is defined under the Bharatiya Nyaya Sanhita, 2023, or under any special or local law. The order legally forbids further repetition or continuation of that nuisance.

Example

Priya runs a roadside tea stall that blocks the footpath and makes walking difficult. After neighbours complain, the District Magistrate orders Priya not to continue or repeat the public nuisance. Priya must remove the obstruction and avoid repeating the conduct or face further enforcement.

Bare Act

Enacted text

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.

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XI

Chapter XI

Maintenance of Public Order and Tranquillity

In this chapter

  • 148Dispersal of assembly by use of civil force
  • 149Use of armed forces to disperse assembly
  • 150Power of certain armed force officers to disperse assembly
  • 151Protection against prosecution for acts done under sections 148, 149 and 150
  • 152Conditional order for removal of nuisance
  • 153Service or notification of order
  • 154Person to whom order is addressed to obey or show cause
  • 155Penalty for failure to comply with section 154
  • 156Procedure where existence of public right is denied
  • 157Procedure where person against whom order is made under section 152 appears to show cause
  • 158Power of Magistrate to direct local investigation and examination of an expert
  • 159Power of Magistrate to furnish written instructions, etc
  • 160Procedure on order being made absolute and consequences of disobedience
  • 161Injunction pending inquiry
  • 162Magistrate may prohibit repetition or continuance of public nuisance
  • 163Power to issue order in urgent cases of nuisance or apprehended danger
  • 164Procedure where dispute concerning land or water is likely to cause breach of peace
  • 165Power to attach subject of dispute and to appoint receiver
  • 166Dispute concerning right of use of land or water
  • 167Local inquiry
Previous · Section 161Injunction pending inquiryNext · Section 163Power to issue order in urgent cases of nuisance or apprehended danger