CrPC 144→BNSS 163

CrPC 144 to BNSS 163: Power to issue order in urgent cases of nuisance or apprehended danger

Section 144 CrPC (1973) replaced by Section 163 BNSS (2023)

View CrPC Section 144 →View BNSS Section 163 →

CrPC 144 to BNSS 163 at a Glance

Section 144 CrPC (Power to issue order in urgent cases of nuisance or apprehended danger) is now Section 163 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 144 to BNSS 163?

From 1 July 2024, Section 144 of the Code of Criminal Procedure, 1973 became Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with every sub-section from Section 163(1) BNSS to Section 163(7) BNSS retained and no new sub-sections added. In Section 163(1) BNSS, the cross-reference for serving the written order is updated from Section 134 CrPC to Section 153 BNSS. In Section 163(7) BNSS, the word pleader is replaced with an advocate. Commas are removed in Section 163(4) BNSS and Section 163(5) BNSS. Apart from the change from pleader to an advocate, the differences are of form.

CrPC 144 vs BNSS 163: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section144163
HeadingPower to issue order in urgent cases of nuisance or apprehended dangerSame
Sub-sections7 sub-sectionsSame
Cross-referencess.134s.153

CrPC 144 and BNSS 163: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 144, CrPC 1973

144. Power to issue order in urgent cases of nuisance or apprehended danger.—(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
BNSS 2023 (in force)

Section 163, BNSS 2023

163. Power to issue order in urgent cases of nuisance or apprehended danger.—(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

When It Applies: CrPC 144 vs BNSS 163

Under CrPC 144
  1. A District Magistrate, a Sub-divisional Magistrate, or an Executive Magistrate specially empowered by the State Government under Section 144(1) of the Code of Criminal Procedure, 1973 may, by a written order stating the material facts and served as provided by Section 134 CrPC, require any person to refrain from a specific act or to take certain order with respect to certain property in their possession or under their management when, in the Magistrate's opinion, there is sufficient ground for proceeding, immediate prevention or speedy remedy is desirable, and the Magistrate considers the direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, a disturbance of the public tranquillity, a riot, or an affray.
  2. The Magistrate may pass an order under Section 144(2) CrPC ex parte, without prior notice to the person against whom the order is directed, in cases of emergency or when the circumstances do not allow notice to be served in due time.
  3. An order under Section 144(3) CrPC may be addressed to a specific individual, to residents of a particular place or area, or to the general public when visiting or frequenting a particular place or area.
  4. Any Magistrate acting on their own initiative or on an application by any aggrieved person under Section 144(5) CrPC may cancel or modify an order made under Section 144 CrPC by themselves, by a subordinate Magistrate, or by their predecessor-in-office.
  5. The State Government acting on its own initiative or on an application by any aggrieved person under Section 144(6) CrPC may cancel or modify any order it made under the proviso to Section 144(4) CrPC.
  6. When an application is received under Section 144(5) CrPC or Section 144(6) CrPC, the Magistrate or the State Government under Section 144(7) CrPC shall give the applicant an early opportunity to appear in person or through a pleader to show cause against the order, and shall record reasons in writing if the application is rejected wholly or in part.
Under BNSS 163
  1. A District Magistrate, a Sub-divisional Magistrate, or an Executive Magistrate specially empowered by the State Government under Section 163(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 may, by a written order stating the material facts and served as provided by Section 153 BNSS, require any person to refrain from a specific act or to take certain order with respect to certain property in their possession or under their management when, in the Magistrate's opinion, there is sufficient ground for proceeding, immediate prevention or speedy remedy is desirable, and the Magistrate considers the direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, a disturbance of the public tranquillity, a riot, or an affray.
  2. The Magistrate may pass an order under Section 163(2) BNSS ex parte, without prior notice to the person against whom it is directed, in cases of emergency or when the circumstances do not allow serving notice in due time.
  3. An order under Section 163(3) BNSS may be addressed to a specific individual, to residents of a particular place or area, or to the general public when visiting or frequenting a particular place or area.
  4. Any Magistrate acting on their own initiative or on an application by any aggrieved person under Section 163(5) BNSS may cancel or modify an order made under Section 163 BNSS by themselves, by a subordinate Magistrate, or by their predecessor-in-office.
  5. The State Government acting on its own initiative or on an application by any aggrieved person under Section 163(6) BNSS may cancel or modify any order it made under the proviso to Section 163(4) BNSS.
  6. When an application is received under Section 163(5) BNSS or Section 163(6) BNSS, the Magistrate or the State Government under Section 163(7) BNSS shall give the applicant an early opportunity to appear in person or through an advocate to show cause against the order, and shall record reasons in writing if the application is rejected wholly or in part.

Time Limits: CrPC 144 to BNSS 163

Under CrPC 144
  • An order made by a Magistrate under Section 144(4) of the Code of Criminal Procedure, 1973 shall not remain in force for more than two months from the date it is made.Act text: “No order under this section shall remain in force for more than two months from the making thereof”
  • The proviso to Section 144(4) CrPC relaxes the two-month limit by allowing the State Government, if it considers it necessary for preventing danger to human life, health or safety or for preventing a riot or any affray, to direct by notification that a Magistrate's order shall remain in force for a further period not exceeding six months from the date on which the Magistrate's order would otherwise have expired.Act text: “shall remain in force for such further period not exceeding six months from the date”
Under BNSS 163
  • An order made by a Magistrate under Section 163(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall not remain in force for more than two months from the date it is made.Act text: “No order under this section shall remain in force for more than two months from the making thereof”
  • The proviso to Section 163(4) BNSS relaxes the two-month limit by allowing the State Government, if it considers it necessary for preventing danger to human life, health or safety or for preventing a riot or any affray, to direct by notification that a Magistrate's order shall remain in force for a further period not exceeding six months from the date on which the Magistrate's order would otherwise have expired.Act text: “shall remain in force for such further period not exceeding six months from the date”

What CrPC 144 to BNSS 163 Means in Practice

Apart from the change from pleader to an advocate in Section 163(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the differences from Section 144 of the Code of Criminal Procedure, 1973 are of form. Empowered Magistrates apply the same grounds, issue written orders served under Section 153 BNSS, and remain subject to the two-month duration limit and six-month State Government extension limit, while aggrieved applicants appear in person or by an advocate.

FAQs: CrPC 144 to BNSS 163

Did Section 163 BNSS change who can issue an urgent order or the grounds for issuing it compared to Section 144 CrPC?▼

No, the rule is unchanged between Section 144(1) of the Code of Criminal Procedure, 1973 and Section 163(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under the Code and the Sanhita, a District Magistrate, Sub-divisional Magistrate, or Executive Magistrate specially empowered by the State Government may issue the written order on the exact same grounds and preventive conditions. The only difference in Section 163(1) BNSS is a change of form updating the service cross-reference from Section 134 CrPC to Section 153 BNSS.

Did the two-month and six-month time limits change between Section 144(4) CrPC and Section 163(4) BNSS?▼

No, the time limits are unchanged between Section 144(4) of the Code of Criminal Procedure, 1973 and Section 163(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under the Code and the Sanhita, a Magistrate's order shall not remain in force for more than two months from its making. Under the proviso in the Code and the Sanhita, the State Government may by notification extend the order for a further period not exceeding six months to prevent danger to human life, health or safety, or a riot or any affray.

What changed in the procedure for challenging an order under Section 163(5) BNSS to Section 163(7) BNSS?▼

The procedure and powers to rescind or alter an order under Section 144(5) CrPC to Section 144(7) CrPC of the Code of Criminal Procedure, 1973 and Section 163(5) BNSS to Section 163(7) BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023 are otherwise the same. The wording difference in Section 163(7) BNSS replaces the word pleader with the words an advocate when an applicant appears to show cause against the order.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·