Section 172 BNSS: Persons bound to conform to lawful directions of police (New BNSS Provision - Power of police to give directions)

Section 172 of Bharatiya Nagarik Suraksha Sanhita, 2023: Persons bound to conform to lawful directions of police

Official Bare Act Text

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

(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.

Legal Commentary & Landmark Judgments: Section 172

Section 172 provides that all persons are bound to conform to the lawful directions of a police officer given in fulfillment of any of their duties under this Chapter, empowering the police to detain or remove non-compliant persons.

Lawful Police Direction: Direction issued strictly in fulfillment of preventive duties under Chapter XI.
Duty of Public Obedience: All citizens are bound to conform to reasonable, lawful safety instructions.
Removal & Magisterial Production: Police may detain or remove any person who refuses compliance, producing them before a Magistrate within twenty-four hours.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reiterated that statutory obedience clauses do not confer blanket immunity for police high-handedness; directions must be reasonable and lawful.
Ahmed Noormohmed Bhatti v. State of Gujarat (2005) 3 SCC 747: Affirmed that detention for defiance of police directions is subject to strict 24-hour judicial production limits.

Courtroom Practice & Strategic Litigation Guidance:

The key statutory condition is 'lawful directions'. If the police direction was arbitrary, unconstitutional, or outside statutory authority (e.g., ordering peaceful citizens to delete mobile videos), disobedience does not attract penal liability.