Section 172 BNSS: Persons bound to conform to lawful directions of police

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 172 BNSS at a Glance

Section 172 BNSS deals with persons bound to conform to lawful directions of police. It has no corresponding section in the CrPC. The BNSS applies from 1 July 2024.

Section 172 BNSS Bare Act Text

(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.

(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

Source: Section 172, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 172 BNSS in Simple Words

Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that police officers can carry out their duties under this Chapter of the Sanhita by requiring every person to obey their lawful directions. Under Section 172(1) BNSS, all persons shall be bound to follow the lawful directions a police officer gives in fulfilment of any of his duty under this Chapter.

If someone resists, refuses, ignores, or disregards such a direction, Section 172(2) BNSS lets the police officer detain or remove that person. The officer may then either take the person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

When Section 172 BNSS Applies

  • All persons shall be bound under Section 172(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to obey the lawful directions that a police officer issues while carrying out any duty under this Chapter.
  • A police officer may detain or remove any person who resists, refuses, ignores, or disregards a lawful direction given by that officer under Section 172(1) BNSS.
  • After detaining or removing a non-compliant person under Section 172(2) BNSS, the police officer may take that person before a Magistrate.
  • Alternatively, in petty cases under Section 172(2) BNSS, the police officer may release the detained or removed person as soon as possible within a period of twenty-four hours.

Time Limits Under Section 172 BNSS

  • In petty cases under Section 172(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may release a person detained or removed under that provision as soon as possible within a period of twenty-four hours instead of taking him before a Magistrate.Act text: โ€œrelease him as soon as possible within a period of twenty-four hoursโ€

Example of Section 172 BNSS

Rajesh, a police officer, is acting in fulfilment of his duty under this Chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023. While carrying out that duty, Rajesh gives a lawful direction to Vikram. Under Section 172(1) BNSS, Vikram shall be bound to conform to that lawful direction. Instead of complying, Vikram refuses and disregards the direction given by Rajesh. As Vikram is refusing and disregarding to conform to a direction given under Section 172(1) BNSS, Rajesh exercises his power under Section 172(2) BNSS to detain Vikram. As the matter is a petty case, Rajesh may either take Vikram before a Magistrate or release him, and he releases Vikram as soon as possible within a period of twenty-four hours.

When Section 172 BNSS Does Not Apply

  • Section 172(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not bind a person when the direction is not a lawful direction of a police officer given in fulfilment of any of his duty under this Chapter.
  • A police officer cannot detain or remove a person under Section 172(2) BNSS when that person is not resisting, refusing, ignoring, or disregarding to conform to a direction given under Section 172(1) BNSS.
  • The option under Section 172(2) BNSS for a police officer to release a detained or removed person within a period of twenty-four hours instead of taking him before a Magistrate does not apply when the matter is not a petty case.

No Corresponding CrPC Section

The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 172 BNSS has no counterpart in the Code and binds all persons to conform to lawful police directions given in fulfilment of any duty under this Chapter.

FAQs on Section 172 BNSS

Whose directions are persons bound to obey under Section 172 BNSS?โ–ผ

All persons shall be bound to conform to the lawful directions of a police officer under Section 172(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This legal duty applies only when the directions are lawful and are given by the police officer in fulfilment of any of his duty under this Chapter of the Sanhita. A direction that is not lawful or is not given in fulfilment of a duty under this Chapter does not bind anyone under Section 172(1) BNSS.

When may a police officer detain or remove a person under Section 172 BNSS?โ–ผ

A police officer may detain or remove a person under Section 172(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when that person is resisting, refusing, ignoring, or disregarding to conform to any direction given by the officer under Section 172(1) BNSS. The direction itself must be a lawful direction given by the police officer in fulfilment of any of his duty under this Chapter of the Sanhita.

What may a police officer do after detaining or removing a person under Section 172(2) BNSS?โ–ผ

After detaining or removing a person who is resisting, refusing, ignoring, or disregarding to conform to a direction given under Section 172(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer may take further action under Section 172(2) BNSS. The officer may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

What is the time limit for releasing a person in petty cases under Section 172(2) BNSS?โ–ผ

In petty cases under Section 172(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer who detains or removes a person for not conforming to a direction given under Section 172(1) BNSS may release him as soon as possible within a period of twenty-four hours. This release within twenty-four hours is an alternative to taking such person before a Magistrate under Section 172(2) BNSS.

Section 172 BNSS: Sub-sections Explained

Section 172(1) BNSS: Persons bound to conform to lawful directions of police

โ–ถ

Bare Act Text

(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.

Section 172(2) BNSS: Persons bound to conform to lawful directions of police

โ–ถ

Bare Act Text

(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท