As the Cockroach Janta Party (CJP) and climate activist Sonam Wangchuk prepared to lead the Chalo Sansad march in Delhi, one legal provision came into focus: Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Ahead of Parliament's Monsoon Session, Delhi Police imposed prohibitory orders under Section 163 across the New Delhi district.
Police said no permission had been granted for the march towards Parliament and warned against unauthorised gatherings.
But what is Section 163 and why was it invoked in Delhi? Here's a simple explainer.
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What Is Section 163?
Section 163 is part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC).
The provision allows a District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate to issue immediate orders when there is a risk to public peace, safety or human life.
These are preventive orders.
They are used to stop situations that could lead to violence, disruption or threats to public safety.
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Why Did Section 144 Become Section 163?
Before the BNSS came into force on 1 July 2024, this power existed under Section 144 of the CrPC.
The change happened because the government introduced a new criminal procedure law and reorganised its provisions.
The provision was moved to Section 163 under the BNSS while continuing to provide magistrates with powers to issue preventive restrictions.
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What Can Section 163 Do?
When Section 163 is imposed, authorities can place temporary restrictions in a specific area.
These may include:
Restricting public gatherings
Stopping unauthorised marches and processions
Limiting movement in sensitive areas
Restricting activities that may affect public order
The restrictions depend on the order issued by the magistrate.
Section 163 does not automatically ban every protest. The restrictions depend on the specific order issued by the magistrate, including the area covered and the activities prohibited.
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How Long Can Section 163 Remain In Force?
An order under Section 163 can generally remain in force for up to two months.
A state government can extend it in specific circumstances, subject to legal limits.
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When Has This Law Been Used Before?
The power behind Section 163 has historically been used during situations involving possible law and order concerns.
Authorities have previously invoked such preventive restrictions during:
Large protests
Communal tensions
Election-related situations
Religious processions
Public safety concerns
The purpose is to prevent possible disruption before it happens.
However, the use of such restrictions has also been debated, especially when they affect the right to peaceful assembly.
Courts have examined whether such orders are justified based on the circumstances in each case.
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Why Was Section 163 Used In Delhi?
Delhi Police imposed Section 163 ahead of the Chalo Sansad march planned by CJP.
The police said no permission had been sought or granted for the march towards Parliament. The restrictions were imposed as Parliament's Monsoon Session began and security arrangements were strengthened in the New Delhi district.
In the New Delhi district, the order issued under Section 163 prohibits protest marches, processions, demonstrations and assemblies of five or more people, except at the designated protest site at Jantar Mantar with prior permission.
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TL;DR | News At Glance
What is Section 163?
It is a BNSS provision that allows magistrates to issue preventive orders to maintain public peace and safety.
Why was Section 163 imposed in Delhi?
Delhi Police invoked it before the CJP-led Chalo Sansad march, citing security and public order concerns.
Does Section 163 ban all protests?
No. It allows magistrates to impose restrictions specified in an order. In New Delhi, the current order prohibits unauthorised marches and assemblies of five or more people, except at Jantar Mantar with prior permission.
How long can Section 163 remain active?
Usually up to two months, with limited scope for extension under the law.
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