Prohibitory orders under BNSS Section 163 are imposed across Gurugram from October 1–24 for Haryana Board exams.
Cyber cafes and, photocopy shops near exam centres must close during test hours, and crowds or weapons are banned within 500 metres.
Defying the preventive safety orders will lead to legal action under Section 223 of the BNS.
In the wake of the Haryana Board of School Education examinations, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) have been imposed in Gurugram to regulate movement.
Citing officials from the government, Hindustan Times reported the prohibitory orders under Section 163 will continue from October 1 to October 24. Deputy Commissioner (DC) of Gurugram, Uttam Singh, has ordered that photocopy and xerox shops, cyber cafes and similar establishments near examination centres stay closed for one and a half hours before an examination begins until it concludes.
Singh said anyone who breaks the order will face action under section 223 (disobedience) of the Bharatiya Nyaya Sanhita (BNS) and other applicable provisions of law.
The order also bans weapons within 500 metres of examination centres. It also stops unauthorised people from entering the centres unless they carry a valid identity card. Authorities have barred unlawful crowds near examination centres when the aim is to disrupt or block exams.
What Is Section 163
Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives an Executive Magistrate the power to issue immediate preventive orders when public peace, safety, health or tranquillity is under threat. It can be used to prevent violence, riots, unlawful assemblies, and other situations that may disturb public order. Section 163 ranks among the key preventive powers in India’s criminal procedure law.
Violating Section 163 of BNSS can result in imprisonment for up to two years, a fine, or both when found guilty. This section is Cognizable in nature, and it is bailable. Cognizable offences are serious crimes where police can arrest without a warrant and start an investigation immediately. This section can be tried by any magistrate.
Section 163 of BNSS has taken the place of Section 144 of the Code of Criminal Procedure (CrPC), 1973. In July 2024, the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into effect and replaced the Code of Criminal Procedure (CrPC) of the Indian Penal Code.
The bill to replace the IPC with the BNS was passed by the Lok Sabha on December 20, 2023, and by the Rajya Sabha on December 21, 2023. It received the President's assent on December 25, 2023.
