Prohibitory Orders (the Old Section 144) Under the BNSS (Section 163): CrPC 144 Mapping (2026)

Explainer · New Criminal Laws · BNSS

Updated for 2026 · Claw Editorial

When a city expects a riot, a clash between groups, or a protest that could turn dangerous, the authorities often "impose Section 144". People know the phrase even if they do not know the law behind it. From 1 July 2024 that power is no longer in Section 144 of the Code of Criminal Procedure. It now sits in Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This explainer explains what the power is, the old section it replaced, who can use it, how long an order lasts, and where its limits are. Last verified October 2026.

01Why this power exists

Some dangers cannot wait for a trial. If a crowd is about to gather and a clash looks likely, the State needs a way to stop it before harm is done. This power is that tool. It is preventive, not punitive.

Typical uses include:

• Banning the gathering of four or more people in a tense area.
• Stopping a procession or a meeting that could spark violence.
• Ordering a person not to do an act that threatens public peace, health or safety.
• Keeping order around sensitive sites during a festival or an examination.

Because it restrains ordinary freedoms, the power is meant for real urgency, and the courts watch how it is used.

02What Section 163 BNSS is

Section 163 of the BNSS is the power to issue orders in urgent cases of nuisance or apprehended danger. A Magistrate can direct a person, or the public in a defined area, to refrain from a certain act, or to take a certain step with property in their control, where that is likely to prevent obstruction, annoyance, injury, danger to life, health or safety, a disturbance of public tranquillity, a riot, or an affray.

This is a procedure provision. Section 163 itself does not create an offence and carries no punishment of its own. If a person disobeys a lawful order passed under it, that disobedience is the offence, and it is punished under the penal code. Under the new law that offence is Section 223 of the Bharatiya Nyaya Sanhita.

03Old to new: CrPC 144 becomes BNSS 163

The power has moved section number but kept its substance. Commentators describe Section 163 as substantially corresponding to the old Section 144 of the CrPC.

A point of confusion is worth clearing up. The number 144 still exists in the BNSS, but it is now the maintenance remedy, not the prohibitory power. So the "Section 144" that the news means by a public order ban is Section 163 of the BNSS. See Section 144 BNSS on maintenance for the other 144, and Section 223 BNS for the offence of disobeying such an order.

04Who can pass an order, and when

The power rests with a District Magistrate, a Sub-Divisional Magistrate, or any other Executive Magistrate that the State Government specially empowers for this purpose.

Before passing an order the Magistrate must be satisfied that there are sufficient grounds, and that immediate prevention or a speedy remedy is needed. The order must be in writing and must state the material facts of the case. In an emergency it can be passed without notice to the person affected, which is why these orders are often made quickly and in general terms for an area.

An order can be directed at a named person, at a group, or at the public generally when the Magistrate decides a wider direction is needed.

05How long an order lasts

An order under this power is temporary. Under the old Section 144, an order could not stay in force for more than two months, and the State Government could extend it, in cases involving danger to human life, health or safety, or a likely riot or affray, for up to a further period, with the total not exceeding six months.

Commentary on Section 163 BNSS describes the same two month base with extension by the State Government up to six months. Some summaries state the base limit differently, so the exact numbers should be read from the current text before you rely on them.

06Limits and judicial scrutiny

The power is wide, so the courts have placed real checks on it.

• Reasons on record. The order must state the material facts. A bare or copied order is open to challenge. In a 2026 case a Sessions Court set aside a blanket ban on protests because it was not backed by a proper inquiry.
• Proportionality. The restriction must fit the danger. A blanket ban over a wide area and a long time invites scrutiny.
• Remedy for the affected person. A person affected can apply to have the order rescinded or altered, and can test it before the higher courts.

For the related public order powers, see dispersal of an unlawful assembly under Section 148 BNSS and the conditional order to remove a public nuisance under Section 152 BNSS. For the substantive offence of unlawful assembly, see Section 189 BNS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

When a prohibitory order is challenged, the first task is to find how courts have tested such orders for reasons, proportionality and urgency, and this is where Claw helps. You can search more than 30 crore judgments, with High Court rulings from 1990 and Supreme Court decisions from 1950, to see how benches have read Section 163 of the BNSS and the old Section 144 of the CrPC, with an answer in under 5 seconds. You can also follow the cases, orders and hearings on such orders by party name or advocate name across 9,102 courts, benches and forums. Claw does not use the case documents you upload to train its AI models.

Open a free Claw account to research and track a prohibitory-order matter by party or advocate name. To follow a matter across courts, see how to track High Court orders automatically and the case search hub.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. Orders under this power and the limits on them change with case law and state notifications, so read the current text of Section 163 and take advice from counsel before acting.

09Frequently asked questions