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BNSS Section 162: Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance
Code: Section 152, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Explanation: This section empowers certain authorities to take immediate action against public nuisances or situations posing imminent danger to the public.
- Authorities empowered: District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police.
- Conditions: The authorities must be either empowered by the State Government or the District Magistrate.
- Action: They can issue an order to any individual to stop or prevent a public nuisance, as defined under the BNSS, or any relevant special or local law.
- Scope: This applies specifically to “urgent cases of nuisance or apprehended danger,” indicating situations requiring prompt action.
Illustration:
Imagine a construction site where workers are operating heavy machinery without proper safety measures, creating a significant risk of accidents. The local Executive Magistrate, empowered by the District Magistrate, could issue an order to the construction site supervisor to immediately halt operations until safety protocols are implemented.
Common Questions and Answers: Magistrate May Prohibit Repetition Or Continuance Of Public Nuisance
- Q: Who can issue an order under this section?
- A: The District Magistrate, Sub-divisional Magistrate, Executive Magistrate, or Deputy Commissioner of Police, as per the specific authorization given.
- Q: What constitutes a “public nuisance”?
- A: The BNSS defines public nuisance. It typically refers to activities that harm public health, safety, or welfare. Examples include excessive noise, air pollution, or obstructing public pathways.
- Q: Can anyone be ordered to stop a nuisance?
- A: Yes, the order can be directed at any individual responsible for causing or contributing to the nuisance.
- Q: What are the consequences of failing to comply with the order?
- A: Failure to comply can be considered a violation of the BNSS, potentially leading to penalties as defined by the law.
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