163. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it 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 from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an
application under sub-section (5) or sub-section (6) is received, the
Magistrate, or the State Government, as the case may be, shall afford to the
applicant an early opportunity of appearing before him or it, either in
person or by an advocate and showing cause against the order; and if the
Magistrate or the State Government, as the case may be, rejects the
application wholly or in part, he or it shall record in writing the reasons
for so doing.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 161 Injunction pending inquiry
Section 162 Magistrate may prohibit repetition or continuance of public nuisance
Section 163 Power to issue order in urgent cases of nuisance or apprehended danger
Section 164 Procedure where dispute concerning land or water is likely to cause breach of peace
Section 165 Power to attach subject of dispute and to appoint receiver
Section 166 Dispute concerning right of use of land or water
Section 168 Police to prevent cognizable offences
Section 169 Information of design to commit cognizable offences
Section 170 Arrest to prevent commission of cognizable offences