A challenge was raised to the constitutional validity of Section 163, BNSS.
Section 163 BNSS replaced Section 144 of the erstwhile Code of Criminal Procedure (CrPC).
The Court, however, said it would not go into the validity of Section 163 BNSS, since it had earlier already upheld the corresponding provision in the CrPC (Section 144).
"Oral submissions were made with regard to the vires of Section 163 BNSS.
The Court proceeded to issue notice on the plea challenging Section 172 of the BNSS, which has been filed by one Samriddhi Das.
During the hearing, Senior Advocate Kapil Sibal, representing a petitioner, had questioned the exercise of powers under the BNSS provisions in the context of the restrictions imposed during the Delhi protests.
A challenge was raised to the constitutional validity of Section 163, BNSS.
Section 163 BNSS replaced Section 144 of the erstwhile Code of Criminal Procedure (CrPC). It empowers designated magistrates to issue urgent orders to prevent danger to human life, public safety, disturbances of public tranquillity or other specified threats. Such orders can restrict assemblies, processions and other activities.
The Court, however, said it would not go into the validity of Section 163 BNSS, since it had earlier already upheld the corresponding provision in the CrPC (Section 144).
"Oral submissions were made with regard to the vires of Section 163 BNSS. However, as the pari materia provision of Section 144 CrPC has been upheld in Babulal Parate v. State of Maharashtra, (1961) 3 SCR 423, we are not inclined to entertain the same," the Court said.
The Court proceeded to issue notice on the plea challenging Section 172 of the BNSS, which has been filed by one Samriddhi Das.
"Issue notice, returnable on 19.11.2026, only on the limited issue pertaining to the constitutionality of Section 172 BNSS," the Court said, before adjourning the matter till November 19.
