BNSS 2023: Executive Magistrate Powers and Public Safety

BNSS 2023: Executive Magistrate Powers and Public Safety- Section 152(1) of the BNSS 2023 delineates the powers conferred upon District Magistrates, Sub-divisional Magistrates, and other Executive Magistrates empowered by the State Government. This section empowers these magistrates to take action upon receiving reports or information from police officers or other sources, along with taking necessary evidence, to address specific circumstances deemed detrimental to public interest or safety. Let’s delve into the explanation of each subsection:

(a) Removal of Unlawful Obstruction or Nuisance …….BNSS 2023: Executive Magistrate Powers and Public Safety

This subsection empowers the Magistrate to order the removal of any obstruction or nuisance from public places, ways, rivers, or channels that are or may be lawfully used by the public. The intention is to ensure the free and safe use of such areas by the public, preventing any hindrance that may arise due to unlawful activities or obstructions. ……….BNSS 2023: Executive Magistrate Powers and Public Safety

(b) Prohibition or Regulation of Injurious Trades or Occupations

Under this subsection, the Magistrate can prohibit or regulate any trade or occupation, or the keeping of goods or merchandise, if it is deemed injurious to the health or physical comfort of the community. This provision aims to safeguard public health and comfort by imposing necessary restrictions on activities that pose potential risks or hazards to the community. …………BNSS 2023: Executive Magistrate Powers and Public Safety

(c) Prevention or Stopping of Dangerous Constructions or Disposal of Substances

Here, the Magistrate is authorized to prevent or stop the construction of any building or the disposal of any substance that is likely to cause fire or explosion. This measure is crucial for preventing potential hazards and ensuring public safety by intervening in activities that could lead to dangerous situations.

(d) Removal, Repair, or Support of Dangerous Structures or Trees

This subsection empowers the Magistrate to order the removal, repair, or support of any building, tent, structure, or tree that is in a dangerous condition. The objective is to mitigate risks of injury to persons in the vicinity or passing by, thereby ensuring public safety and preventing accidents caused by unstable structures or trees. ……..BNSS 2023: Executive Magistrate Powers and Public Safety

(e) Fencing of Tanks, Wells, or Excavations

Under this provision, the Magistrate can order the fencing of tanks, wells, or excavations adjacent to public ways or places to prevent dangers to the public. This requirement is intended to secure such areas and prevent accidental falls or other mishaps that could harm individuals using nearby public spaces. ………..BNSS 2023: Executive Magistrate Powers and Public Safety

(f) Handling of Dangerous Animals

This subsection allows the Magistrate to order the destruction, confinement, or disposal of dangerous animals. The aim is to protect public safety from potential harm caused by such animals, ensuring that necessary measures are taken to prevent any risk they may pose to the community.

Procedure for Issuance of Conditional Orders

For each of the situations outlined above, the Magistrate can issue a conditional order requiring the person responsible to take specific actions within a designated timeframe. These actions include removing obstructions or nuisances, desisting from injurious trades or occupations, altering dangerous constructions or disposal methods, repairing or supporting structures, fencing dangerous areas, or handling dangerous animals. If the person objects to the order, they have the opportunity to appear before the Magistrate or a subordinate Executive Magistrate to present their case.

Legal Standing of Magistrates’ Orders

According to subsection (2), any order duly made by a Magistrate under Section 152 shall not be questioned in any Civil Court. This provision underscores the authoritative nature of the Magistrate’s orders under this section, emphasizing their legal validity and the absence of recourse to challenge them through civil litigation. ………..BNSS 2023: Executive Magistrate Powers and Public Safety

Explanation of “Public Place”

The Explanation clarifies that the term “public place” includes not only property owned by the State but also camping grounds and grounds left unoccupied for sanitary or recreational purposes. This broad definition ensures that the protection and regulation provided under Section 152 extend to various types of public spaces essential for community use and welfare.

In conclusion, Section 152(1) of the BNSS 2023 grants substantial powers to Executive Magistrates to intervene in diverse situations affecting public safety, health, and comfort. By delineating specific actions they can take and the procedures to be followed, this section aims to ensure effective governance and protection of public interests in various contexts across the jurisdiction. ………..BNSS 2023: Executive Magistrate Powers and Public Safety

Frequently Asked Questions (FAQs) about Section 152(1) of BNSS 2023

1. What is Section 152(1) of BNSS 2023 about?

Section 152(1) of BNSS 2023 empowers District Magistrates, Sub-divisional Magistrates, and other Executive Magistrates authorized by the State Government to take action in specific situations affecting public safety, health, or comfort. It allows them to issue conditional orders to address unlawful obstructions, nuisances, dangerous trades, unsafe constructions, and other hazards that may impact the community.

2. Who can initiate action under Section 152(1)?

Action can be initiated by a District Magistrate, Sub-divisional Magistrate, or any other Executive Magistrate specifically empowered by the State Government. They can act upon receiving reports from police officers or other credible sources, and after assessing the situation with relevant evidence.

3. What are the different scenarios covered under Section 152(1)?

Section 152(1) covers several scenarios where Executive Magistrates can intervene:

• Removal of unlawful obstructions or nuisances from public places.
• Prohibition or regulation of trades or occupations injurious to public health.
• Prevention of dangerous constructions or disposal of hazardous substances.
• Repair, removal, or support of unsafe buildings, structures, or trees.
• Fencing of tanks, wells, or excavations adjacent to public places.
• Handling of dangerous animals posing a threat to public safety.

4. Can the orders issued under Section 152(1) be challenged in Civil Court?

No, orders duly made by a Magistrate under Section 152(1) cannot be questioned in any Civil Court. This provision ensures that the decisions and orders issued by Magistrates under this section are final and not subject to civil litigation.

5. What is the purpose of Section 152(1) of BNSS 2023?

The primary purpose of Section 152(1) is to empower Executive Magistrates to maintain public order, safety, and health by promptly addressing potential hazards and nuisances. It provides a legal framework for Magistrates to take proactive measures to protect the community from various risks and dangers posed by unlawful activities or unsafe conditions.

6. How are conditional orders issued under Section 152(1) enforced?

Conditional orders issued under Section 152(1) specify actions that individuals or entities must take within a designated timeframe. Failure to comply with these orders can result in further legal consequences, including penalties or additional enforcement measures as determined by the Magistrate.

7. Does Section 152(1) apply only to public property?

No, Section 152(1) applies broadly to both public and private property if the conditions specified in the section are met. The focus is on activities, conditions, or situations that may affect public health, safety, or comfort, regardless of whether they occur on public or private property.

8. Who can I contact for more information or clarification about Section 152(1) of BNSS 2023?

For specific questions or further clarification regarding Section 152(1) of BNSS 2023, individuals can contact their local District Magistrate’s office or relevant government authorities responsible for law enforcement and public safety.

For reading in detail: https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf

Also read: https://advawanti.com/powerful-summary-of-bhartiya-sakshya-adhiniyam-2023/