Legal Summary | Updated: August 11, 2026 IST
Chapter 11 - Maintenance of Public Order and Tranquillity under the BNSS 2023 is comprise of four groups which refers the Chapter 10 Maintenance of Public Order and Tranquillity under Section 129 to Section 148 under The Code of Criminal Procedure, 1973 (CrPC).
Groups:
Section 148 – Dispersal of Assembly by Use of Civil Force
(1) Authorised Personal: Executive Magistrate OR Officer‑in‑Charge of a Police Station OR Police Officer (Sub‑Inspector or above rank in absence of Officer‑in‑Charge).
May command any unlawful assembly or assembly of ≥ 5 persons which is likely to disturb 'Public Peace' to disperse. → Members are legally bound to disperse.
(2) If assembly refuses or shows intent not to disperse:
→ Said authority may disperse by force.
→ May require assistance of any civilian (Except Armed Forces personnel) to disperse and, if necessary, arrest/confine members for dispersal or legal punishment.
Section 149 – Use of Armed Forces to Disperse Assembly
(1) If assembly under Section 148(1) cannot otherwise be dispersed and public security requires it:
→ District Magistrate or authorised Executive Magistrate present may order dispersal by armed forces.
(2) Magistrate may requisition armed forces officer to:
→ Disperse assembly.
→ Arrest/confine persons as directed or as necessary for dispersal/punishment.
(3) Armed forces officer must obey requisition, using minimum necessary force and causing least possible injury to persons/property.
Section 150 – Power of Certain Armed Force Officers to Disperse Assembly
(1) If public security is manifestly endangered and no Executive Magistrate is reachable:
→ Commissioned/gazetted armed forces officer may disperse assembly with forces under command.
→ May arrest/confine members for dispersal or punishment.
(2) If communication with Magistrate becomes possible:
→ Officer must do so and follow Magistrate’s instructions on continuing or ceasing action.
Section 151 – Protection Against Prosecution for Acts Done Under Sections 148, 149 and 150
(1) No prosecution for acts under Sections148–150 without:
(a) Central Government sanction – if accused is officer/member of armed forces.
(b) State Government sanction – in all other cases.
(2) Immunity for acts done in good faith by:
(a) Executive Magistrate or police officer under Sections148–150.
(b) Person complying in good faith with requisition under Sections148 or149.
(c) Armed forces officer under Section150.
(d) Armed forces member obeying a binding order.
(3) Definitions:
→ Armed forces – Army, Navy, Air Force operating as land forces, incl. other Union armed forces so operating.
→ Officer – Commissioned/gazetted/in‑pay officer, incl. JCO, warrant officer, petty officer, NCO, non‑gazetted officer.
→ Member – Any armed forces personnel other than an officer
Section 152 – Conditional Order for Removal of Nuisance
(1) Magistrate (District, Sub‑Divisional, or specially empowered Executive) may act on police report/other information + evidence if satisfied that:
(a) Unlawful obstruction/nuisance exists in public place/way/river/channel.
(b) Trade/occupation or keeping goods harms community health/comfort → may prohibit/regulate/remove.
(c) Building construction or substance disposal likely to cause fire/explosion → prevent/stop.
(d) Dangerous building/tent/structure/tree → remove/repair/support.
(e) Unfenced tank/well/excavation near public way → fence.
(f) Dangerous animal → destroy/confine/dispose.
(i–vi) Conditional order to remove, desist, regulate, prevent, repair, fence, or dispose as directed, or appear and show cause.
(2) Civil courts cannot question such orders.
Explanation: “Public place” includes State property, camping grounds, sanitary/recreational open grounds.
Section 153 – Service or Notification of Order
Explanation: Placeholder for section 153 content.
Serve personally as per summons procedure.
If not possible → notify by proclamation + affix copy at suitable places as per State rules.
Section 154 – Person to Whom Order is Addressed to Obey or Show Cause
Person must:
(a) Perform act within time/manner specified, or
(b) Appear and show cause (in person or via audio‑video conferencing).
Section 155 – Penalty for Failure to Comply with Section 154
Failure to comply with Section 154 → penalty under Section 223 BNS, 2023 + order made absolute.
Section 156 – Procedure Where Existence of Public Right is Denied
(1) On appearance, Magistrate must ask if public right is denied.
If denied → inquire before Section 157 proceedings.
(2) If reliable evidence supports denial → stay proceedings until competent court decides.
(3) If no denial or no reliable evidence → proceed under Section 157.
Once denial not made or unsupported → cannot raise denial later.
Section 157 – Procedure Where Person Against Whom Order is Made Under Section 152 Appears to Show Cause
Magistrate hears evidence as in summons‑case.
If satisfied → make order absolute (with/without modification).
If not satisfied → drop proceedings.
Proviso: Complete within 90 days (extendable to 120 days with recorded reasons).
Section 158 – Power of Magistrate to Direct Local Investigation and Examination of an Expert
For inquiries under Sections 156/157, Magistrate may:
(a) Direct local investigation.
(b) Summon/examine expert.
Section 159 – Power of Magistrate to Furnish Written Instructions, etc.
Magistrate may:
(a) Give written instructions for investigation.
(b) Decide cost liability for investigation/expert.
Investigation report admissible as evidence.
Section 160 – Procedure on Order Being Made Absolute and Consequences of Disobedience
Notify person; fix time for compliance; warn of penalty under Section 223 BNS 2023.
On non‑compliance → Magistrate may execute act, recover costs via sale of removed property or distress/sale of other movable property (including outside jurisdiction with endorsement).
No suit for acts done in good faith.
Section 161 – Injunction Pending Inquiry
Magistrate may issue interim injunction to prevent imminent serious public danger/injury.
On default → Magistrate may act directly to avert danger.
No suit for acts done in good faith.
Section 162 – Magistrate May Prohibit Repetition or Continuance of Public Nuisance
Empowered Magistrate/Deputy Commissioner of Police may prohibit repetition or continuance of public nuisance as per BNS or special/local law.
Section 163 – Power to Issue Order in Urgent Cases of Nuisance or Apprehended Danger
Sub‑section (1) – Authority and Grounds
Empowered officers: District Magistrate, Sub‑Divisional Magistrate, or Executive Magistrate specially authorised by the State Government.
→ Preconditions:
→ Sufficient grounds for action.
→ Immediate prevention or speedy remedy desirable.
→ Action: Written order (with material facts, served as per Section 153) directing a person to:
Abstain from a specified act, or
→ Take specified action regarding property in their possession/management.
→ Purpose: Prevent obstruction, annoyance, or injury to lawful employment; avert danger to life, health, or safety; prevent disturbance of public tranquillity, riot, or affray.
Sub‑section (2) – Emergency Orders
→ In urgent situations or where timely service of notice is impracticable, order may be passed ex parte.
Sub‑section (3) – Scope of Direction
Order may be addressed to:
→ A specific individual,
→ Residents of a defined place/area, or
→ The public generally frequenting/visiting a specified place/area.
Sub‑section (4) – Duration and Extension
Default validity: Maximum 2 months from date of order.
→ Proviso: State Government may extend (by notification) for up to 6 additional months if necessary to prevent danger to life, health, safety, riot, or affray.
Sub‑section (5) – Magistrate’s Power to Modify/Rescind
Magistrate may, on own motion or on application by an aggrieved person, rescind or alter:
→ Own order,
→ Order of subordinate Magistrate, or
→ Order of predecessor‑in‑office.
Sub‑section (6) – State Government’s Power to Modify/Rescind
→ State Government may, on own motion or on application by an aggrieved person, rescind or alter any order issued under the proviso to sub‑section (4).
Sub‑section (7) – Right to be Heard and Reasoned Decision
→ Upon receiving an application under sub‑sections (5) or (6), the authority must:
→ Provide early opportunity for the applicant to appear (in person or through advocate) and show cause.
→ If rejecting wholly or partly, record written reasons for such rejection.
Section 164 – Procedure Where Dispute Concerning Land or Water is Likely to Cause Breach of Peace
(1) Initiation:
Executive Magistrate, on police report/other information, if satisfied that a dispute exists likely to cause breach of peace regarding land/water/boundaries within jurisdiction, shall issue a written order:
State grounds of satisfaction.
Require parties to appear (in person or via advocate) on specified date/time.
File written statements on actual possession.
(2) Definition: “Land or water” includes buildings, markets, fisheries, crops, produce, rents, or profits.
(3) Service: Copy served as per summons procedure + affixed at/near disputed site.
(4) Inquiry:
Decide possession as on date of order, without deciding ownership rights.
If wrongful dispossession within 2 months before police report or after but before order → treat dispossessed party as in possession.
(5) No Dispute Claim: If shown no such dispute exists/existed → cancel order; proceedings end.
(a) Final Order: Declare party in possession entitled to retain until eviction by law; forbid disturbance; may restore possession if dispossessed under proviso to (4).
(b) Service: Serve/publish as per sub‑section (3).
(6) Death of Party: Legal representatives substituted; all claimants to be added if dispute over representation.
(7) Perishable Property: Magistrate may order custody/sale; dispose or distribute sale proceeds after inquiry.
(8) Summons to Witness: May summon witnesses/documents at any stage.
(9) Saving: Does not affect powers under Section 126.
Section 165 – Power to Attach Subject of Dispute and to Appoint Receiver
(1) Attachment Grounds:
Emergency,
No party in possession under Section 164, or
Inability to determine possession.
Attachment continues until competent court decides rights; may be withdrawn if no likelihood of breach of peace.
(2) Receiver:
If no civil court receiver exists, Magistrate may arrange care or appoint receiver with CPC powers.
If civil court later appoints receiver:
(a) Hand over possession to civil court receiver; discharge Magistrate’s receiver.
(b) Pass incidental/consequential orders as just.
Section 166 – Dispute Concerning Right of Use of Land or Water
(1) Initiation:
On police report/other information, if dispute likely to cause breach of peace over alleged right of user (easement or otherwise), Magistrate issues written order stating grounds; requires parties to appear and file written claims.
“Land or water” as per Section 164(2).
(2) Inquiry:
Hear parties, receive evidence, decide if right exists; Section 164 procedure applies as far as possible.
(3) Order:
If right exists → prohibit interference; may order removal of obstruction.
Proviso: No order unless right exercised within last 3 months (if all‑year) or last relevant season/occasion (if seasonal).
(4) Conversion of Proceedings:
If during Section 164 proceedings dispute is about right of user → continue under Section 166 (with reasons).
If during Section 166 proceedings dispute is about possession → continue under Section 164 (with reasons).
Section 167 – Local Inquiry
(1) Delegation:
District/Sub‑Divisional Magistrate may depute subordinate Magistrate for local inquiry under Sections 164–166; give written instructions; decide cost liability.
(2) Evidentiary Value: Report may be read as evidence.
(3) Costs: Decision‑making Magistrate may order costs (including witnesses’ expenses and reasonable advocate’s fees) to be paid by any party, wholly or proportionately.