Supreme Court issues notice on the constitutionality of Section 172 BNSS, declines to reopen Section 163

17 October 2026

On 15 October 2026 a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice on a challenge to Section 172 of the Bharatiya Nagarik Suraksha Sanhita, limited to its constitutionality.
The case is Samriddhi Das v. Union of India, Diary No. 64055/2026. Notice is returnable on 19 November 2026 and the Union must reply within two weeks.
Section 172 has no counterpart in the Code of Criminal Procedure. It lets a police officer require compliance with lawful directions given while performing preventive duties, and detain or remove a person who resists, who must then be produced before a Magistrate or, in petty cases, released within 24 hours.
The Court declined to examine the validity of Section 163 BNSS, which corresponds to Section 144 CrPC and allows executive magistrates to pass prohibitory orders, holding the question settled by Babulal Parate v. State of Maharashtra (1961).
Two petitions against Section 163 orders were adjourned to 19 November 2026.
The Court directed the Union to place on record the Section 163 orders issued in New Delhi, including one dated 23 August 2026, and directed all law enforcement agencies to preserve CCTV footage and other digital evidence relating to the protests.