Section 162 BNSS: Magistrate may prohibit repetition or continuance of public nuisance (Formerly Section 143 CrPC)

Section 162 of Bharatiya Nagarik Suraksha Sanhita, 2023: Magistrate may prohibit repetition or continuance of public nuisance

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 162

Section 162 empowers the Magistrate, if they consider that immediate measures are necessary to prevent imminent danger or injury of a serious kind to the public, to issue an immediate injunction pending inquiry.

Imminent Danger to Public: Serious, immediate threat to human life, health, or public safety.
Pending Inquiry Injunction: Issued while the main inquiry under Section 155/156 is actively pending.
Emergency Execution: If the person fails to comply with the injunction immediately, the Magistrate may use such means as they think fit to obviate the danger.

Key Landmark Precedents:

State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: The Supreme Court noted that Section 142 CrPC (Section 162 BNSS) confers emergency interim powers to prevent catastrophic environmental or structural accidents.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed the necessity of swift interim injunctive orders to prevent toxic contamination of residential areas.

Courtroom Practice & Strategic Litigation Guidance:

In challenge to an interim sealing or closure injunction under Section 162, prove that no 'imminent danger' existed, and that the order has the effect of permanently shutting down a lawful business without a full trial.