Section 159: Procedure When Public Place is Closed

Overview

Section 159 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 details the procedure a police officer must follow when ordering the closure of a public place to prevent disorder. It focuses on the steps to be taken and the necessary documentation.

Purpose of the Provision

This provision exists to allow authorities to quickly address potential disturbances to public peace. Closing a location temporarily can prevent a situation from escalating into a larger problem like riots or violence. It’s a preventative measure to maintain law and order.

Step-by-Step Procedure

• Step 1 – Order by Authority: A police officer, if satisfied that a public place is likely to cause a disturbance of public order, can order its closure. This order must be in writing.
• Step 2 – Recording Reasons: The officer *must* record the specific reasons for the closure in the written order. This is crucial for transparency and accountability.
• Step 3 – Duration and Review: The order specifies the duration of the closure. It cannot exceed a period deemed necessary to prevent the disturbance. The officer must review the situation regularly to determine if the closure needs to continue.

Rights and Safeguards

• Written Order: The order to close the public place *must* be in writing. This provides a record of the decision and its justification.
• Reason Recording: The officer is legally bound to record the reasons for the closure. This prevents arbitrary action.
• Limited Duration: The closure is only for a limited time, necessary to address the immediate threat to public order.
• Review Mechanism: The officer must periodically review the order to ensure it remains justified.

Practical Examples

• Example 1: A police officer receives intelligence about a planned protest that could turn violent near a shopping mall. The officer orders the mall to close temporarily to prevent clashes and protect the public. The order clearly states the reason and the estimated duration.
• Example 2: A festival is underway, and a large crowd gathers in a narrow street, creating a dangerous situation. The officer orders the street to be closed to vehicular traffic to ensure pedestrian safety. The order is reviewed hourly to assess the crowd situation.

Difference from Old CrPC Provision (if applicable)

The BNS 2023 largely maintains the core principles of the corresponding provision in the Criminal Procedure Code (CrPC). The emphasis on written orders and recording reasons remains consistent. There are no significant procedural changes.

Key Takeaways

Remember that Section 159 empowers police officers to temporarily close public places to prevent disorder. The procedure requires a written order with clear reasons, a limited duration, and regular review. This provision aims to balance public safety with individual freedoms.