Section 163 stands, Section 172 faces the test
Chief Justice Surya Kant and Justice Joymalya Bagchi refused to reopen the challenge to Section 163 BNSS, the urgent-prohibitory-orders power, since its CrPC predecessor, Section 144, was upheld back in 1961. But they issued notice on Samriddhi Das’s separate challenge to Section 172, which requires compliance with lawful police directions and lets police detain those who disobey, and listed the matter for November 19, 2026. (Indialegallive)
- Chief Justice Surya Kant and Justice Joymalya Bagchi refused to reopen the challenge to Section 163 BNSS, the urgent-prohibitory-orders power, since its CrPC predecessor, Section 144, was upheld back in 1961.
- But they issued notice on Samriddhi Das’s separate challenge to Section 172, which requires compliance with lawful police directions and lets police detain those who disobey, and listed the matter for November 19, 2026.