Section 162 BNSS: Magistrate may prohibit repetition or continuance of public nuisance

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 162 BNSS at a Glance

Section 162 BNSS deals with magistrate may prohibit repetition or continuance of public nuisance. It replaced Section 143 CrPC on 1 July 2024.

Was CrPC

Section 143 →

Section 162 BNSS Bare Act Text

162. Magistrate may prohibit repetition or continuance of public nuisance

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.

Source: Section 162, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 162 BNSS in Simple Words

Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a Magistrate to prohibit the repetition or continuance of a public nuisance. A District Magistrate or a Sub-divisional Magistrate may order any person not to repeat or continue a public nuisance.

Any other Executive Magistrate or Deputy Commissioner of Police may do the same if the State Government or the District Magistrate has empowered that person in this behalf. The public nuisance is one defined in the Bharatiya Nyaya Sanhita, 2023 or in any special or local law.

When Section 162 BNSS Applies

  • 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 make the order.
  • The order is made to any person, who is ordered not to repeat or continue a public nuisance.
  • The public nuisance is one as defined in the Bharatiya Nyaya Sanhita, 2023 or any special or local law.

Example of Section 162 BNSS

Meera is a Deputy Commissioner of Police empowered by the State Government in this behalf. Arjun is carrying on a public nuisance as defined in the Bharatiya Nyaya Sanhita, 2023. Under Section 162 BNSS, Meera may order Arjun not to repeat or continue the public nuisance.

When Section 162 BNSS Does Not Apply

  • Section 162 BNSS speaks of an order not to repeat or continue a public nuisance. It does not deal with a conditional order for removal of nuisance, which is the subject of Section 152 BNSS.
  • Section 162 BNSS speaks of an order not to repeat or continue a public nuisance. It does not deal with an order in urgent cases of nuisance or apprehended danger, which is the subject of Section 163 BNSS.

Section 162 BNSS in the CrPC (Previous Law)

Section 162 BNSS replaces Section 143 CrPC from the old criminal code.

Section 162 BNSS has the same heading as Section 143 CrPC. Section 162 BNSS adds Deputy Commissioner of Police after any other Executive Magistrate, before the words empowered by the State Government or the District Magistrate in this behalf. It refers to the Bharatiya Nyaya Sanhita, 2023 where Section 143 CrPC referred to the Indian Penal Code, in describing a public nuisance. The rest of the text is the same.

View CrPC Section 143 →

FAQs on Section 162 BNSS

Who may make an order under Section 162 BNSS?▼

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 make an order under Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What may an order under Section 162 BNSS say?▼

The Magistrate or Deputy Commissioner of Police 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.

Does Section 162 BNSS define a public nuisance?▼

Section 162 BNSS refers to a public nuisance as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. It does not give a definition of its own.

What changed from Section 143 CrPC to Section 162 BNSS from 1 July 2024?▼

Section 162 BNSS has the same heading as Section 143 CrPC. Section 162 BNSS reads any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf where Section 143 CrPC read any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf. Section 162 BNSS reads a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, where Section 143 CrPC read a public nuisance, as defined in the Indian Penal Code.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·