Prohibitory order
Also called: Section 163 BNSS, Section 144 CrPC · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
A prohibitory order is an order by a magistrate that bars gatherings in an area to prevent danger or disturbance. It used to be made under Section 144 of the CrPC and is now made under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Such orders limit the freedom of assembly under Article 19(1)(b). NCERT warns that bans on gatherings of "five or more persons" can smother genuine protest.
Example
In Anuradha Bhasin (January 2020), the Supreme Court looked at restrictions imposed during the Jammu and Kashmir shutdown. It held that Section 144 orders must be reasoned, so the magistrate has to explain why the order is needed.
Don't confuse with
- Internet suspension: this cuts off internet access in an area, and the power now sits in the Telecommunications Act, 2023. A prohibitory order bars physical gatherings.
- Martial law (Art. 34): this is military rule over an area when order has broken down. A prohibitory order is an ordinary magistrate's order.
Related concepts
- Freedom of assembly
- Right to protest
- Freedom of association
- Right to strike
- Freedom of movement
- Freedom of residence
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality