Section 163 of BNSS : Section 163: Power to issue order in urgent cases of nuisance or apprehended danger.

BNSS

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Explanation using Example

Example 1:

A factory in a residential area is emitting harmful fumes due to a malfunction in its filtration system. The residents start complaining about the foul smell and health issues like headaches and respiratory problems. The District Magistrate, upon receiving multiple complaints and conducting a preliminary investigation, finds sufficient ground to believe that immediate action is necessary to prevent further harm to the residents' health and safety. The Magistrate issues a written order to the factory owner, directing them to cease operations until the filtration system is repaired and meets safety standards. This order is served immediately to prevent any delay in mitigating the health hazard.

Example 2:

A large public gathering is planned in a park for a political rally. The local police receive intelligence reports indicating a high risk of violent clashes between rival political groups. The Sub-divisional Magistrate, considering the potential danger to public safety and the likelihood of a riot, issues an ex parte order prohibiting the rally. The order is directed to the organizers and is also publicly announced to inform the general public. The order remains in force for two months, but the State Government, assessing the ongoing risk, extends it for an additional three months to ensure public tranquillity.

Example 3:

A construction company is using heavy machinery at night in a densely populated neighborhood, causing significant noise pollution and disturbing the residents' sleep. The Executive Magistrate, specially empowered by the State Government, receives numerous complaints and decides that immediate action is necessary to prevent further disturbance. The Magistrate issues a written order to the construction company, directing them to halt all nighttime operations and restrict their work to daytime hours. The order is served to the company and remains in force for two months, ensuring that the residents can have a peaceful night's sleep.

Example 4:

During a festival, a local market becomes extremely crowded, raising concerns about potential stampedes and safety hazards. The District Magistrate, observing the situation, determines that immediate measures are required to prevent any danger to human life. The Magistrate issues an order to the market organizers, directing them to implement crowd control measures, such as limiting the number of people entering the market at any given time and setting up barricades. The order is served promptly and remains in effect for the duration of the festival to ensure public safety.

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