Section 162 BNSS: Magistrate may prohibit repetition or continuance of public nuisance
Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers specified Magistrates, and an empowered Deputy Commissioner of Police, to order a person not to repeat or continue a public nuisance. The provision is preventive in character and is aimed at stopping an existing or recurring public nuisance from continuing.
Section 162 BNSS - statutory text
162. 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.
What Section 162 BNSS means
Section 162 gives a preventive power to specified authorities to stop the repetition or continuance of a public nuisance. Unlike a provision that only punishes past conduct, Section 162 is directed toward preventing the nuisance from being repeated or allowed to continue.
| Element | Meaning |
|---|---|
| Competent authority | District Magistrate, Sub-divisional Magistrate, or an empowered Executive Magistrate or Deputy Commissioner of Police |
| Person affected | Any person who is repeating or continuing a public nuisance |
| Nature of power | Preventive order directing the person not to repeat or continue the nuisance |
| Source of nuisance definition | Bharatiya Nyaya Sanhita, 2023, or any applicable special or local law |
Who can exercise the power under Section 162?
The power may be exercised by a District Magistrate or a Sub-divisional Magistrate. It may also be exercised by another Executive Magistrate or a Deputy Commissioner of Police, but only where that authority has been empowered in this behalf by the State Government or the District Magistrate.
Accordingly, where the order is made by an Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, or by a Deputy Commissioner of Police, the source of the required empowerment should be verified.
Definition of public nuisance under Section 270 BNS
Section 162 expressly refers to a public nuisance as defined in the Bharatiya Nyaya Sanhita, 2023. The relevant definition is contained in Section 270 BNS.
In substance, Section 270 BNS treats as a public nuisance an act or illegal omission that causes common injury, danger or annoyance to the public or people generally in the vicinity, or that necessarily causes injury, obstruction, danger or annoyance to persons who may have occasion to use a public right.
The provision further states that a common nuisance is not excused merely because it causes some convenience or advantage.
Public nuisance under special or local law
Section 162 is not confined to the BNS definition. It also expressly covers a public nuisance recognised under any applicable special or local law. Depending on the subject matter, such laws may regulate particular activities, places, public health concerns, municipal matters, roads, markets, environmental conditions or other local issues.
Repetition versus continuance of nuisance
The words "repeat" and "continue" cover two related situations. Repetition concerns recurrence of nuisance-causing conduct, while continuance concerns an existing nuisance that remains ongoing. Section 162 allows the competent authority to prohibit either form.
Relationship with Sections 152 and 161 BNSS
Section 152 BNSS deals with conditional orders for removal of nuisance in specified circumstances. Section 161 BNSS permits an interim injunction during an inquiry where immediate measures are needed to prevent imminent danger or serious injury to the public.
Section 162 serves a distinct preventive function by authorising an order against repetition or continuance of a public nuisance. The precise legal route depends on the facts and the stage of the proceeding.
Section 162 compared with Section 163 BNSS
Section 163 BNSS deals with urgent cases of nuisance or apprehended danger and contains its own statutory conditions and procedural framework. Section 162 is narrower in formulation: it focuses specifically on prohibiting repetition or continuance of a public nuisance.
Practical points under Section 162
- The order must be made by an authority empowered by Section 162.
- The conduct must amount to a public nuisance under the BNS or an applicable special or local law.
- The power is directed at stopping repetition or continuance of the nuisance.
- Where an Executive Magistrate or Deputy Commissioner of Police exercises the power, the relevant empowerment should be checked.
- The factual basis showing a public nuisance and its repetition or continuance should be identifiable from the record.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. Section 270 BNS contains the statutory definition of public nuisance relevant to Section 162 BNSS.
This page provides general legal information. In an actual proceeding, the order, jurisdiction and empowerment of the authority, factual basis of the alleged nuisance, applicable local or special law, and relevant judicial decisions should be examined.