Supreme Court declines to examine Section 163 BNSS validity; issues notice on Section 172 BNSS challenge

The Supreme Court has declined to examine the constitutional validity of Section 163 of the BNSS, the prohibitory-orders provision that replaced Section 144 CrPC, noting that the corresponding provision was already upheld in Babulal Parate v. State of Maharashtra. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said it would, however, examine specific prohibitory orders issued during the October 10 Delhi protests. The court also issued notice on Samriddhi Das's petition challenging Section 172 BNSS — which empowers police to detain or remove persons who disobey lawful police directions — which the Chief Justice described as "a provision of preventive detention"; the matter is listed for hearing on November 19, 2026. Sources: LiveLaw, Bar and Bench (LiveLaw, Bar & Bench)

• The Supreme Court has declined to examine the constitutional validity of Section 163 of the BNSS, the prohibitory-orders provision that replaced Section 144 CrPC, noting that the corresponding provision was already uphel
• State of Maharashtra.
• A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said it would, however, examine specific prohibitory orders issued during the October 10 Delhi protests.