The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a significant evolution in India’s legal framework for maintaining public order and tranquility. Enacted as a comprehensive reform of the older Criminal Procedure Code, this legislation reflects a modern approach to addressing and managing disturbances that threaten the peace and safety of public life. At its core, the BNSS emphasises proactive measures to prevent and address issues that could lead to unrest or violence. It empowers various levels of magistracy to take swift action in urgent cases of nuisance or potential danger, ensuring that public order is maintained effectively. This article delves into the mechanisms outlined in the BNSS for upholding public tranquility, examining the legal tools and procedures designed to manage conflicts, prevent breaches of peace, and maintain societal harmony. Through this exploration, we aim to understand how the BNSS serves as a crucial instrument in safeguarding civil stability and addressing contemporary challenges to public order.
Who can disperse an unlawful assembly or a gathering likely to cause disturbance?
An Executive Magistrate, an officer in charge of a police station, or any police officer (not below the rank of sub-inspector) can ask the crowd to disperse.
What happens if the assembly refuses to disperse after being asked?
The officer or magistrate can use force to disperse the assembly, and they can ask for help from civilians to disperse the crowd or arrest members of the gathering.
When can the armed forces be called to disperse an assembly?
If the gathering can’t be dispersed by the usual methods and poses a risk to public security, a District Magistrate or an authorised Executive Magistrate can request the armed forces to disperse it.
What limits are placed on the armed forces when dispersing an assembly?
The officer in charge of the armed forces must use as little force as possible to disperse the assembly and minimise harm to people and property.
Can the armed forces act without a Magistrate’s order to disperse an assembly?
Yes, if public security is clearly in danger and there’s no time to contact a magistrate, a commissioned or gazetted officer can disperse the assembly using the armed forces. But, if a magistrate becomes available, the officer must follow the magistrate’s instructions.
Who can remove public nuisances or dangers?
A District Magistrate, Sub-divisional Magistrate, or an Executive Magistrate can issue orders to remove nuisances or prevent dangers, such as obstructing roads, harmful trades, dangerous animals, or unsafe buildings.
How is a conditional order for removal of nuisance served?
The order can be served directly to the person, or, if that’s not possible, it can be made public by proclamation (a public notice).
What are the consequences if someone does not follow an order?
They must either comply with the order or appear and explain why they shouldn’t. If they fail to do this, they will face penalties according to the Bharatiya Nyaya Sanhita, 2023.
What if someone denies public rights to use a way, river, or public place?
If the person claims that no public right exists, the magistrate will investigate the matter before continuing with the order. If there’s evidence supporting the denial, the magistrate may pause the proceedings.
What does the magistrate do if the person comes to explain why they shouldn’t follow the order?
The magistrate will review evidence and, if the order seems reasonable, they will make it final. If not, the case will be dropped.
Can a magistrate use experts to investigate in these cases?
Yes, a magistrate can order local investigations or ask experts for help in making decisions.
What if a person doesn’t follow a final order?
The magistrate can get the task done by someone else and recover the costs from the person who refused to comply.
Can immediate action be taken if there’s a risk of serious public danger?
Yes, the magistrate can issue an injunction (a temporary order) to prevent serious public harm while the case is being decided.
Can a magistrate stop a nuisance from continuing?
Yes, a magistrate can order a person to stop continuing or repeating any public nuisance.
When can a magistrate issue an urgent order to prevent nuisance or danger?
A magistrate can issue an urgent order when they believe there is a need for immediate action to prevent obstruction, annoyance, or danger to the public or property.
How long can such an order last?
The order can last for up to two months, but the State Government can extend it for up to six additional months if necessary.
Can the order be issued without informing the person?
Yes, in emergencies, the order can be passed without notifying the person first.
Can the order be changed or canceled?
Yes, both the magistrate and the State Government have the power to alter or cancel the order if required.
What can a magistrate do if there is a dispute over land or water?
The magistrate can call the concerned parties to court and ask for written statements about who has possession of the land or water.
Does this include buildings and other property?
Yes, it includes land, buildings, markets, fisheries, crops, and their rents or profits.
Can a magistrate decide who owns the property?
The magistrate does not decide ownership but will determine who was in possession at the time of the dispute.
Can the magistrate restore possession if someone was forcibly removed?
Yes, if someone was wrongfully removed from the property within two months before the case, the magistrate can restore possession to them.
What happens if the magistrate cannot determine who is in possession?
The magistrate can attach (seize) the property until a court determines who has the right to possess it.
Can the magistrate appoint someone to manage the property?
Yes, the magistrate can appoint a receiver to look after the property if needed.
What does a magistrate do if there is a dispute about the right to use land or water?
The magistrate can ask the parties to submit written claims, review the evidence, and decide whether the right to use the land or water exists.
Can the magistrate remove any obstruction to this right?
Yes, if the magistrate finds that the right exists, they can order the removal of any obstruction.
What is a local inquiry?
A local inquiry is when a magistrate is sent to the disputed location to gather facts and make a report.
Who pays for the inquiry?
The magistrate will decide who will bear the expenses of the inquiry, either one or both parties involved.
The BNSS represents a pivotal shift towards a more responsive and adaptable legal framework for maintaining public order. Its provisions for urgent intervention, dispute resolution, and temporary measures underscore a commitment to preemptive and effective management of public disturbances. By granting powers to both executive and judicial authorities, the BNSS ensures a balanced approach to handling conflicts while respecting individual rights and freedoms. Its emphasis on timely action and procedural safeguards aims to prevent disruptions and maintain civil harmony. As India navigates an increasingly complex social landscape, the BNSS stands as a testament to the country’s dedication to upholding peace and security, reinforcing the role of law in fostering a stable and orderly society.
Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.
