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Q119 (CISF/2025) Polity & Governance › Governance, Policies & Social Justice

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an ex-parte order can be passed by a competent Executive Magistrate in the case of nuisance or apprehended danger :

Explanation

Under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces Section 144 of the CrPC, 1973), an Executive Magistrate is empowered to issue orders in urgent cases of nuisance or apprehended danger. According to Section 163(2), an order may be passed ex-parte specifically in cases of emergency or where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed. The provision is designed to allow swift action to prevent danger to human life, health, or safety, or to prevent a disturbance of public tranquility. While the Magistrate exercises discretion, the statutory trigger for bypassing the notice requirement and passing an ex-parte order is the existence of an emergency situation.

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SIMILAR QUESTIONS

CISF · 2026 · Q138 Relevance score: 2.04

The Bharatiya Nagarik Suraksha Sanhita, 2023 provides for : 1. Audio-Video recording of search of a place and seizure of a property 2. Issuance of a search warrant by a Court authorizing any Magistrate to search a parcel in the custody of the postal authority Select the answer using the code given below :