Indian criminal procedure | Updated 17 October 2026

Section 143 CrPC: Magistrate May Prohibit Repetition or Continuance of Public Nuisance

Section 143 of the Code of Criminal Procedure, 1973 empowered specified Executive Magistrates to direct a person not to repeat or continue a public nuisance. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 162.

Current law: The BNSS came into force on 1 July 2024. Section 162 BNSS is the corresponding provision for new matters, subject to the savings and transitional provisions of Section 531 BNSS. Earlier CrPC proceedings may continue under the saved law where applicable.

What did Section 143 CrPC provide?

Section 143, Code of Criminal Procedure, 1973 - Magistrate may prohibit repetition or continuance of public nuisance.

A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law.

The provision was preventive. It enabled a competent authority to prohibit the continuation of an existing nuisance or the repetition of one that had occurred. The relevant definition of public nuisance under the earlier criminal law was Section 268 of the Indian Penal Code, 1860.

Section 162 BNSS: Corresponding provision under current law

Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the preventive power. A District Magistrate or Sub-divisional Magistrate may issue an order against repetition or continuance of public nuisance. An appropriately empowered Executive Magistrate or Deputy Commissioner of Police may also exercise this power.

Section 162 refers to public nuisance as defined in the Bharatiya Nyaya Sanhita, 2023, or under any applicable special or local law. The addition of an empowered Deputy Commissioner of Police is an important change from the wording of Section 143 CrPC.

Definition of public nuisance under Section 270 BNS

Under Section 270 of the Bharatiya Nyaya Sanhita, 2023, public nuisance broadly means an act or illegal omission causing common injury, danger or annoyance to the public or people in the vicinity, or necessarily causing injury, obstruction, danger or annoyance to persons exercising a public right. A nuisance is not excused merely because it provides some convenience or advantage.

Examples may include persistent obstruction of a public passage, recurring discharge of waste affecting residents, or other activities that materially interfere with public rights. Whether a particular activity is a public nuisance depends on the facts and the applicable law.

Who can issue an order?

District Magistrate: An authority expressly named in Section 162 BNSS.
Sub-divisional Magistrate: Also expressly named.
Other Executive Magistrate: Must have the empowerment required by the provision.
Deputy Commissioner of Police: May exercise the power where empowered by the State Government or District Magistrate as required by Section 162.

How the preventive power operates

Identify the nuisance: Establish the act or illegal omission and its effect on the public or a public right.
Approach the competent authority: Provide a clear complaint, location details and supporting material such as photographs or witness accounts.
Consider the legal basis: The authority assesses its jurisdiction, empowerment, the facts and any applicable procedural requirements.
Issue a lawful direction: If the statutory conditions are met, the authority may direct the responsible person not to continue or repeat the nuisance.
Address non-compliance: Further legal action depends on the terms and validity of the order and the relevant provisions governing disobedience.

This is a practical outline, not a separate mandatory five-step procedure prescribed verbatim by Section 162. Other procedural safeguards and remedies may apply to the circumstances.

Section 152 BNSS concerns conditional orders for removal of nuisance; Section 161 BNSS addresses injunctions pending inquiry where immediate protection against serious public danger or injury is needed; and Section 163 BNSS concerns urgent cases of nuisance or apprehended danger. These provisions have different conditions and should not be treated as interchangeable.

For historical references, see Section 142 CrPC - injunction pending inquiry and Section 144 CrPC - urgent preventive orders.

Frequently asked questions

Is Section 143 CrPC still the provision for new cases?

Generally, new matters are governed by Section 162 BNSS from 1 July 2024. The saving provisions must be checked for proceedings already pending when the new law commenced.

Can a Deputy Commissioner of Police prohibit a public nuisance?

Yes, under Section 162 BNSS where the Deputy Commissioner of Police has the required empowerment. The title alone does not establish authority in every case.

Does Section 162 BNSS itself prescribe a criminal punishment?

Section 162 is a preventive order-making provision and does not itself set out a separate imprisonment term or fine. Any liability for disobeying a lawful order must be assessed under the relevant penal provisions and their ingredients.

Official legislative references

Legal note: This article provides general statutory information. Verify current amendments, notifications, local empowerment orders and case-specific facts before relying on a provision in proceedings.