Delhi Police invokes BNSS Section 163: What is it, how is it different from 144 CrPC? — Check what is allowed and what is not | Today’s news
The Delhi Police on Monday appealed to Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the New Delhi area ahead of the monsoon session of Parliament. Deputy Commissioner of Police (DCP) Sachin Sharma has issued a public advisory warning protesters against participating in the Cockroach Janata Party (CJP) ‘Chalo Sansad’ protest.
To maintain law and order in the national capital during the monsoon session, there are restrictive orders banning unauthorized gatherings and demonstrations in sensitive areas. Security has been tightened around Jantar Mantar, Parliament and other key places as the CJP has announced a protest march to Parliament against alleged NEET irregularities.
In a post on X, DCP Sachin Sharma said, “In New Delhi District, Pro-habitual Orders 163 of the BNSS are in force except for the designated protest site at Jantar Mantar Road. Further, no permission has been sought or granted for any proposed march to Parliament on 20 July 2026.”
Quick answers to key questions
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According to Section 163 of the BNSS, prohibited activities include public gatherings, gatherings of five or more people, carrying weapons or banners, shouting slogans, speeches and unauthorized demonstrations without written permission.
Section 163 of the BNSS replaces section 144 of the Privacy Act 1973 and empowers executive judges to issue temporary orders specifically aimed at maintaining public order and preventing threats to safety and health.
The Delhi Police invoked Section 163 to maintain law and order during the monsoon session, particularly to prevent unauthorized gatherings and protests and to ensure security in the Parliament area.
Prohibitory orders under Section 163 of the BNSS apply to the entire Sub-Division Parliament Street area, except for the designated protest site at Jantar Mantar.
Individuals violating the prohibitions set out in Section 163 of the BNSS may face legal action under Section 223 of the BNSS, which may lead to sanctions for unauthorized assemblies or protests.
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The post added, “Citizens are advised not to take part in any unauthorized assembly or procession. The order issued by Deputy Commissioner of Police, Sub-Division Parliament Street, New Delhi District, Ajay Sharma states that whoever violates the order will be punished under Section 223 BNSS.”
What is 163 BNSS?
Substitution of Section 144 of the Code of Criminal Procedure (CrPC), 1973, Section 163 of the BNSS is one of the most important preventive provisions in Indian criminal procedure. This restraining order empowers executive judges to issue temporary injunctions to maintain public order and prevent imminent threats to life, safety, health and public peace.
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The Delhi Police clarified that no permission was sought or granted for the CJP’s protest march or procession. “Therefore, protest marches, processions, demonstrations and gatherings of five or more persons are strictly prohibited, except at the designated protest venue at Jantar Mantar, with prior permission,” the Delhi Police said in an order.
Areas where 163 BNSS were called
Barring the exempted area of Jantar Mantar Road, the ban applies to the entire Sub-Division Parliament Street area. According to the regulation, activities in the excluded area may be permitted after 5:00 p.m. only with prior written consent.
Security has also been beefed up around Parliament Street, Central Vista, Connaught Place, Shankar Chowk and other key installations, according to a PTI report. In addition to the deployment of additional personnel, rapid response teams have also been roped in during times of high alert. Multi-layer barricades, intensified vehicle checks, increased surveillance, anti-sabotage checks and round-the-clock patrolling are in effect in New Delhi, Central Delhi and parts of North Delhi.
Police said the CJP had not obtained permission for the proposed march. “We are determined not to allow any unauthorized march towards the high security zone,” PTI quoted a police official as saying.
With the precautionary deployment remaining in place throughout Parliament until August 13, several entry points have already been turned into high security zones.
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“Every vehicle entering the New Delhi district is being thoroughly checked. Additional pickets have been set up at strategic locations and reserve forces have been kept on alert. CCTV surveillance has also been stepped up in sensitive areas,” a source informed PTI.
Elaborating on the elaborate security arrangements around the protest site, the source added, “Security has been beefed up in and around Jantar Mantar, with a three-tiered security arrangement in place to maintain law and order. Two layers of Delhi Police and one layer of paramilitary forces have been deployed in the area. A security barricade will remain in place round the clock to ensure that the situation is maintained.”
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What is allowed and what is not
As per 163 BNSS following activities are prohibited in New Delhi district:
- Holding of any public meeting
- Installation of five or more people
- Carrying firearms, banners, banners, batons, spears, swords, clubs and batons
- Shouting slogans
- Making speeches
- Parades and demonstrations
- Demonstrations or dharnas in any public place in the designated area without written permission
