Is BNSS Section 163 the same as CrPC Section 144?

Yes — BNSS Section 163 is the direct equivalent of CrPC Section 144, preserving the same magistrate powers to issue urgent prohibitory orders. The validity period is 60 days (vs 2 months in CrPC — effectively the same). All the judicial interpretations of Section 144 apply to Section 163.

Section 163 — Power to Issue Order in Urgent Cases — Section 144 Equivalent | Bharatiya Nagarik Suraksha Sanhita | LawCodeHub

Section 163(1): In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, 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, 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. Section 163(4): No order under this section shall remain in force for more than sixty days from the making thereof: Provided that the State Government may extend the order for such further period not exceeding six months.

Explanation

BNSS Section 163 is substantively equivalent to CrPC Section 144 — preserving the magistrate's power to issue urgent prohibitory orders in cases requiring immediate prevention or speedy remedy. All the features of Section 144 are preserved: ex parte orders possible in emergencies; written statement of material facts mandatory; any aggrieved person can seek revocation; violation is an offence under BNS Section 223. One notable change is the initial validity period: CrPC Section 144 provided 2 months; BNSS Section 163 provides 60 days (approximately 2 months). The Anuradha Bhasin (2020) internet shutdown jurisprudence fully applies to Section 163 — proportionality, temporary nature, publication, and judicial review requirements all continue. The practical reality is that BNSS Section 163 will be invoked in exactly the same situations as CrPC Section 144 — communal tension, political protests, law and order situations, and internet shutdowns. The change in nomenclature from 'Section 144' to 'Section 163' will take time to percolate into public consciousness.

Power to Issue Order in Urgent Cases — Section 144 Equivalent

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