Section 163 Imposed In Delhi: What It Means Amid Protest In Jantar Mantar Against CEC Gyanesh Kumar

(MENAFN- Live Mint) Delhi Police on Friday imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) across the New Delhi district, ahead of the proposed protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar. The order prohibits public gatherings of five or more people, demonstrations and other activities without prior written permission.

The police have denied permission for the demonstration, scheduled for 11 am today, on Gandhi Jayanti. The protest has been called by the All India Students' Association (AISA), Rajya Sabha MP Manoj Jha, and Supreme Court lawyer Prashant Bhushan.

What does Section 163 say?

Under the order, public gatherings or assemblies of five or more people, processions, demonstrations, picketing and dharnas are prohibited without prior written permission.

Quick answers to key questions

.5 QUESTIONS1What is Section 163 of the Bharatiya Nagarik Suraksha Sanhita?⌵

Section 163 empowers an Executive Magistrate to issue orders in urgent cases posing a threat to public safety or order, allowing temporary restrictions on public gatherings without prior written permission.

2Why has the Delhi Police imposed prohibitory orders under Section 163?⌵

The orders were imposed to prevent public gatherings and demonstrations amid planned protests against Chief Election Commissioner Gyanesh Kumar, which the police have denied permission for.

3How does Section 163 differ from Section 144 of the CrPC?⌵

Section 163 replaces Section 144 and allows for broader preventive measures, specifically addressing potential threats to public safety with more flexible restrictions on public assembly.

4What actions are prohibited under Section 163 during the protests?⌵

Under Section 163, public gatherings of five or more people, processions, demonstrations, shouting slogans, and making speeches are prohibited without written permission from authorities.

5Should citizens comply with the prohibitory orders of Section 163?⌵

Yes, citizens are advised to comply with the prohibitory orders to avoid any legal repercussions and to maintain public order during the ongoing protests.

The restrictions also prohibit shouting slogans and making speeches without permission.

What is Section 163 of BNSS?

Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers an Executive Magistrate to issue written orders in urgent cases involving a potential threat to public safety or public order.

The provision replaced Section 144 of the Code of Criminal Procedure (CrPC).

It allows authorities to impose temporary preventive restrictions, including on public gatherings, when such measures are considered necessary to address an apprehended danger.

Security tightened with heavy police deployment

Additional Delhi Police and Central Armed Police Forces personnel have been deployed at Jantar Mantar and other sensitive locations in the New Delhi district, according to PTI.

Barricades have also been placed around the area to regulate movement and prevent unauthorized gatherings.

Traffic restrictions have also been announced around Jantar Mantar amid expectations of congestion.

What is protest about?

The organizers have raised concerns about electoral rolls and the ongoing Special Intensive Revision (SIR) exercise and are seeking action against CEC Gyanesh Kumar.

Also Read | CJP's Mumbai protest tomorrow: What are their demands? Do they have permission?

An earlier The Indian Express report said Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over 10 months to certain decisions and orders, including some they said were issued without their knowledge.

Subsequently, the Election Commission rejected the suggestion of a lack of unanimity, maintaining that its three-member commission takes decisions, including those relating to the SIR exercise, unanimously.

Meanwhile, the Cockroach Janta Party (CJP), the youth-led protest movement, has also announced a demonstration in Mumbai on Friday seeking the resignation of CEC Gyanesh Kumar. Reuters reported that CJP and other student and activist groups were organizing protests on 2 October over the electoral roll revision exercise and the Election Commission.

(With inputs from PTI)

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