Section 172 of BNSS, 2023 — Persons Bound to Conform to Lawful Directions of Police

Introduction

Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires every person to comply with the lawful directions of a police officer when those directions are given in the discharge of the officer’s duties under Chapter XII of the BNSS.

The provision forms part of the Preventive Action of the Police framework. Its purpose is to ensure that police officers can effectively perform preventive duties, particularly when they are attempting to prevent cognizable offences, prevent injury to public property, or take other lawful preventive measures.

Section 172 also gives the police a limited power to detain or remove a person who resists, refuses, ignores or disregards such a lawful direction. In petty cases, the person may be released as soon as possible, and in any event within twenty-four hours.

The provision substantially corresponds to Section 160 of the Code of Criminal Procedure, 1973 (CrPC)? No. This is an important numbering point: Section 172 BNSS corresponds to Section 153 of the CrPC, which dealt with persons bound to conform to lawful directions of police. The BNSS has therefore changed the section number while retaining the basic preventive mechanism.

Meaning of Section 172

Section 172 establishes a statutory duty upon all persons to comply with lawful directions issued by a police officer when the officer is performing duties under Chapter XII.

The provision has two connected parts:

1. Sub-section (1) creates the obligation to comply with lawful police directions.
2. Sub-section (2) provides the police with authority to deal with a person who resists, refuses, ignores or disregards such a direction.

The power is not unlimited. The direction must be lawful and must be connected with the police officer’s duties under Chapter XII.

Statutory Basis

Section 172 is contained in Chapter XII — Preventive Action of the Police.

The important provisions surrounding it are:

Section	Subject
Section 168	Police to prevent cognizable offences
Section 169	Information of design to commit cognizable offences
Section 170	Arrest to prevent commission of cognizable offences
Section 171	Prevention of injury to public property
Section 172	Persons bound to conform to lawful directions of police

Section 172 therefore operates as a supporting provision for the preventive powers contained in the preceding sections.

Object and Purpose

The principal purpose of Section 172 is to facilitate the effective discharge of preventive police duties.

A police officer may sometimes need to direct people to:

• stop conduct that threatens the commission of an offence;
• comply with a preventive police instruction;
• refrain from interfering with a lawful police action; or
• move away from a situation where their continued presence or conduct obstructs the preventive function of the police.

If people were free to disregard every such lawful direction, the preventive powers granted under Chapter XII could become ineffective.

Section 172 therefore creates a legal obligation to comply with lawful directions.

Nature of Section 172

Section 172 is a procedural and preventive provision.

It does not itself create a general criminal offence of disobeying every police direction.

Instead, it:

• imposes a duty to comply with lawful directions falling within the statutory context;
• authorises police intervention against resistance, refusal, ignoring or disregard of such directions; and
• provides for taking the person before a Magistrate or releasing the person in petty cases within the statutory period.

The legality of the police direction is therefore fundamental.

Essential Elements of Section 172

1. The obligation applies to all persons

Sub-section (1) begins with the words “All persons”.

The provision is therefore not confined to accused persons, suspects or persons against whom an offence is alleged.

Anyone who comes within the situation contemplated by the provision may be required to conform to a lawful police direction.

2. The direction must be lawful

This is the most important limitation on police authority under Section 172.

A person is required to comply only with a lawful direction.

The provision does not give the police unrestricted authority to issue arbitrary, illegal or unrelated commands.

3. The direction must be given by a police officer

The statutory obligation concerns directions given by a police officer.

The provision therefore operates within the police officer’s lawful statutory functions.

4. The direction must relate to duties under Chapter XII

The direction must be given in fulfilment of a duty of the police officer under Chapter XII.

Chapter XII deals with preventive action of the police.

This requirement prevents Section 172 from becoming a general provision under which every instruction issued by a police officer, regardless of its connection with preventive duties, automatically becomes enforceable under this section.

5. Resistance, refusal, ignoring or disregard

Under Section 172(2), police action may be taken against a person who:

• resists;
• refuses;
• ignores; or
• disregards

a direction given under sub-section (1).

These expressions cover different forms of non-compliance.

A person need not necessarily physically resist the police. Deliberately refusing to comply, ignoring the direction or disregarding it can also bring the person within sub-section (2), provided the original direction was lawful and fell within Section 172(1).

Powers of the Police under Section 172(2)

Where a person does not conform to a lawful direction, the police officer may:

1. detain the person; or
2. remove the person.

The officer may then:

• take the person before a Magistrate; or
• in a petty case, release the person as soon as possible, subject to the statutory twenty-four-hour limit.

Detention and Removal

Detention

Detention under Section 172 means temporarily holding a person because the person has resisted, refused, ignored or disregarded a lawful police direction covered by the provision.

It is a preventive measure and should not automatically be equated with conviction or punishment.

Removal

The police may also remove the person from the relevant situation or place where the person’s continued presence or conduct is interfering with the lawful preventive action.

The statutory power is therefore directed toward restoring compliance with the lawful police direction.

Taking the Person Before a Magistrate

Where the matter requires further action, the police may take the person before a Magistrate.

This ensures that continued judicial action does not remain solely within the hands of the police.

The Magistrate can then deal with the person according to law.

Petty Cases

Section 172(2) specifically recognises petty cases.

In such cases, instead of taking the person before a Magistrate, the police may release the person.

However, the statutory language requires release as soon as possible within a period of twenty-four hours.

This prevents a person from being kept in police custody indefinitely merely because of resistance or non-compliance with a lawful preventive direction.

Procedure under Section 172

The working of Section 172 can be understood through the following sequence:

Step 1: A police officer is performing a duty under Chapter XII.

Step 2: The officer gives a lawful direction to a person.

Step 3: The person is legally bound to conform to that direction.

Step 4: The person resists, refuses, ignores or disregards the direction.

Step 5: The police officer may detain or remove the person.

Step 6: The person may be taken before a Magistrate.

Step 7: In a petty case, the police may release the person as soon as possible, but within twenty-four hours.

Examples

Example 1: Preventing a cognizable offence

A police officer receives information that a group is about to engage in violent conduct. During preventive action, the officer lawfully directs persons involved to stop and move away.

If a person deliberately refuses to comply with the lawful direction, Section 172 may permit the officer to detain or remove that person.

Example 2: Protection of public property

A police officer sees a group attempting to damage public property and directs them to stop.

A person who knowingly disregards the lawful direction may be dealt with under Section 172(2).

Example 3: Unlawful police direction

Suppose a police officer gives a direction that has no connection with the officer’s duties under Chapter XII and is otherwise unsupported by law.

Section 172 cannot automatically be invoked merely because the direction was issued by a police officer.

The statutory requirement that the direction be lawful and given in fulfilment of a duty under Chapter XII is crucial.

Important Limitation: Lawful Directions Only

The expression “lawful directions” is central to Section 172.

The provision should not be understood as giving police officers unlimited authority over the public.

There are two important questions:

First: Was the direction legally authorised?

Second: Was it given in fulfilment of the police officer’s duty under Chapter XII?

If the answer to either question is negative, the statutory basis for action under Section 172 becomes questionable.

This limitation also reflects the constitutional principle that police powers must be exercised according to law and cannot be arbitrary.

Section 172 and Preventive Police Powers

Section 172 should be read together with Sections 168 to 171.

Section 168

Section 168 requires police officers to prevent the commission of cognizable offences.

Section 169

Section 169 deals with information concerning a design to commit a cognizable offence.

Section 170

Section 170 permits arrest to prevent the commission of a cognizable offence when the statutory conditions are satisfied.

Section 171

Section 171 permits police intervention to prevent injury to public property and specified public landmarks and navigational marks.

Section 172

Section 172 ensures that persons comply with lawful police directions given while performing these preventive functions.

Thus, Section 172 acts as an enforcement mechanism supporting the preventive duties and powers contained in Chapter XII.

Section 172 and Arrest

A major distinction must be maintained between detention under Section 172 and arrest under Section 170 or other applicable provisions.

Section 172(2) expressly authorises the police officer to detain or remove a person who does not conform to a lawful direction.

It does not use the same language as Section 170, which expressly provides for arrest in specified circumstances.

Therefore, the mere fact that a person is detained or removed under Section 172 does not mean that Section 172 itself creates a general power of arrest.

If arrest is necessary, the police must rely upon the relevant statutory authority and comply with the safeguards governing arrest and detention.

Section 172 and Article 21

Because Section 172 permits detention in specified circumstances, constitutional safeguards concerning personal liberty remain relevant.

Article 21 protects life and personal liberty and requires deprivation of liberty to occur according to a legally valid and fair procedure.

The power under Section 172 therefore cannot be exercised arbitrarily.

The requirement of a lawful direction and the statutory limit concerning petty cases are important safeguards against unnecessary deprivation of liberty.

Section 172 and Article 14

Police discretion must also comply with Article 14.

The power cannot be exercised selectively, discriminatorily or arbitrarily.

Persons in similar circumstances should be treated consistently, subject to legitimate differences arising from the facts of individual cases.

Important Distinctions

Section 172 vs Section 170 BNSS

Point	Section 172	Section 170
Main purpose	Ensure compliance with lawful police directions	Prevent commission of cognizable offence
Primary action	Detain or remove a person	Arrest a person
Trigger	Resistance, refusal, ignoring or disregard of lawful direction	Police knowledge of a design to commit a cognizable offence
Requirement	Direction must be lawful and connected with Chapter XII	Offence cannot otherwise be prevented
Magistrate	Person may be taken before Magistrate	Further detention beyond 24 hours requires separate legal authority
Nature	Compliance/preventive mechanism	Preventive arrest power

Section 172 vs Section 171 BNSS

Point	Section 171	Section 172
Subject	Prevention of injury to public property	Compliance with lawful police directions
Primary authority	Police may intervene	Police may direct persons to comply
Trigger	Attempted injury to public property or specified objects	Resistance, refusal, ignoring or disregard of lawful direction
Main function	Prevent damage	Ensure compliance with preventive police action
Corresponding CrPC provision	Section 152	Section 153

BNSS and CrPC

Section 172 BNSS substantially corresponds to Section 153 of the CrPC, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Corresponding provision	Section 153	Section 172
Subject	Persons bound to conform to lawful directions of police	Same
Duty to comply	Present	Present
Police power for non-compliance	Restrain or remove and take before Magistrate; release in trivial cases	Detain or remove; take before Magistrate or release in petty cases
Time limit	Earlier provision used the framework of release in trivial cases	Expressly provides release as soon as possible within 24 hours in petty cases
Core principle	Compliance with lawful police directions	Substantially retained

The most important point for examinations is the correct corresponding section:

Section 172 BNSS ↔ Section 153 CrPC

It should not be confused with Section 172 CrPC, which dealt with a completely different subject.

Case Law

Section 172 BNSS is substantially based on the preventive framework of the CrPC. Judicial interpretation specifically concerning Section 172 BNSS is still developing.

Cases interpreting the corresponding CrPC provisions may assist in understanding general principles concerning lawful police directions, preventive police action and limits on police authority. However, such decisions must be applied cautiously where the statutory wording or surrounding BNSS framework differs.

The central principle remains that police authority must be exercised according to law, and a person is required to comply under Section 172 only with directions that satisfy the statutory requirements.

Common Confusions

Is every direction given by a police officer binding under Section 172?

No.

The direction must be lawful and must be given in fulfilment of a police officer’s duty under Chapter XII.

Can the police detain a person who ignores a lawful direction?

Yes.

Section 172(2) permits a police officer to detain or remove a person who resists, refuses, ignores or disregards a direction given under sub-section (1).

Does Section 172 itself create a general power of arrest?

No.

The provision specifically speaks of detention or removal. Arrest must be supported by an applicable statutory provision.

Can a person be kept indefinitely for disobeying a police direction?

No.

In petty cases, the person may be released as soon as possible, subject to the statutory requirement that this occur within twenty-four hours.

Does Section 172 apply to every police duty?

No.

The direction must be given in fulfilment of a police officer’s duty under Chapter XII.

Is Section 172 BNSS the same as Section 172 CrPC?

No.

The corresponding provision under the CrPC was Section 153, not Section 172.

Topic at a Glance

Point	Position
Provision	Section 172, BNSS, 2023
Chapter	Chapter XII — Preventive Action of the Police
Subject	Persons bound to conform to lawful directions of police
Corresponding CrPC provision	Section 153
Who must comply?	All persons
What must be obeyed?	Lawful directions of a police officer
Connection required	Direction must be given in fulfilment of a duty under Chapter XII
Non-compliance	Resisting, refusing, ignoring or disregarding the direction
Police power	Detain or remove
Further action	Take before Magistrate
Petty cases	May release as soon as possible within 24 hours
Main character	Preventive and procedural
Independent general power of arrest	No

Quick Revision

• Section 172 BNSS = Persons bound to conform to lawful directions of police.
• It forms part of Chapter XII — Preventive Action of the Police.
• It corresponds to Section 153 CrPC.
• All persons are required to comply with lawful police directions covered by the section.
• The direction must be lawful.
• It must be given in fulfilment of the police officer’s duty under Chapter XII.
• A person who resists, refuses, ignores or disregards such direction may be detained or removed.
• The person may be taken before a Magistrate.
• In petty cases, the person may be released as soon as possible, within a maximum period of 24 hours.
• Section 172 does not create an unrestricted power to obey every police command.
• Section 172 itself does not create a general power of arrest.
• It operates alongside Sections 168–171, which contain the principal preventive police powers.
• The legality of the police direction is the central safeguard.
• Constitutional protections under Articles 14 and 21 remain relevant to the exercise of this power.

ALSO READ : Section 171 – Prevention of injury to public property

Conclusion

Section 172 BNSS strengthens the practical operation of preventive police powers by requiring persons to comply with lawful directions issued by police officers in the discharge of their duties under Chapter XII. At the same time, the provision places an important limitation on police authority: the direction must be lawful and connected with the officer’s preventive duties. Where a person deliberately resists, refuses, ignores or disregards such a direction, the police may detain or remove that person and may take the person before a Magistrate. In petty cases, release must occur as soon as possible and within twenty-four hours.

The provision therefore balances two interests: the need for effective preventive policing and the protection of individuals against arbitrary police directions.