Maintenance of Public Order and Tranquillity (ss.148–163 BNSS) — BNSS (Criminal Law II) Notes

Maintenance of Public Order and Tranquillity (ss.148–163 BNSS)

When a riot brews or a road is blocked, there is no time for a full trial — the State must act now. So the Sanhita gives Executive Magistrates and the police three emergency tools: disperse an unlawful assembly, remove a public nuisance, and issue urgent orders to prevent apprehended danger (the famous “Section 144”).

A. Dispersal of unlawful assemblies (ss.148–151 [ss.129–132 CrPC])

An Executive Magistrate or officer in charge may command an unlawful assembly to disperse (s.148), use civil force if it does not, and, if necessary, require the armed forces to disperse it (s.149). Protection from prosecution (s.151 [s.132 CrPC]): no prosecution lies against an officer or member of the armed forces for acts done in good faith to disperse an assembly except with the sanction of the appropriate Government.

B. Removal of public nuisances (s.152 [s.133 CrPC])

An Executive Magistrate may make a conditional order requiring the removal of an unlawful obstruction or nuisance from a public place, or the stopping of a trade/occupation injurious to health or physically inconvenient to the public. The person may show cause; if he does not, the order is made absolute. The test is obstruction of a public right — a licensed or private trade is no answer if it obstructs the public.

C. Urgent orders in apprehended danger (s.163 [s.144 CrPC])

Where there is urgency and an apprehension of danger to human life, health, safety, or a disturbance of public tranquillity, a District/Executive Magistrate may issue a written order directing any person or the public to abstain from an act or to take order with property. Such an order cannot remain in force for more than two months (extendable by the State Government up to six months in specified cases).

🧩 WORKED EXAMPLE — the licensed trade nuisance

Facts. A carries on a licensed trade (say a vegetable auction) that spills onto and obstructs a public road; the Executive Magistrate passes a conditional order under s.152 restraining it.

Rule. Section 152 targets any obstruction or nuisance to a public right; a licence or the private nature of the premises is no defence if the public way is obstructed.

Apply. Because the trade obstructs a public road, the conditional order is competent, and A must show cause.

Conclusion. The order is valid; the decoy is that a licence or private premises immunises the trade — the test is the obstruction of the public right. (Note s.163’s separate two-month duration cap for urgent orders.)

Section 163(4) BNSS: “No order under this section shall remain in force for more than two months from the making thereof: Provided that… the State Government… 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…”

In Simple Terms: An emergency order banning acts or assemblies lasts at most two months (six with State extension) — it cannot go on indefinitely.

flowchart TD
    ROOT["Public order ss.148-163"]:::root
    ROOT --> A["Disperse unlawful assembly ss.148-151<br/>armed forces if needed"]:::leaf
    A --> A1["Protection: no prosecution without<br/>Govt sanction s.151"]:::sidebox
    ROOT --> B["Remove public nuisance s.152<br/>conditional order; public-right test"]:::leaf
    ROOT --> C["Urgent orders s.163<br/>apprehended danger; MAX 2 months"]:::sidebox
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) — s.144 CrPC (now s.163 BNSS) is constitutional, but the power is preventive and must be used reasonably.
Ram Manohar Lohia v. State of Bihar (1966) — orders under s.144 must relate to a genuine apprehension of danger to public order.
Anuradha Bhasin v. Union of India (2020) — s.144-type orders must be proportionate, reasoned and open to challenge.

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