AI Overview...
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Interim Orders and Breach of Peace - Courts can issue interim orders to prevent breach of peace, especially in cases involving religious practices or public order. Such orders may restrict certain activities temporarily to maintain public tranquility. For example, in cases involving religious or public gatherings, interim restrictions are often imposed to prevent violence or disturbances S.Paramasivam vs The District Collector, Madurai District - Madras, X CORP vs UNION OF INDIA - Karnataka.
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Legal Framework for Restrictions and Orders - Various sections of the Cr.P.C. (e.g., Sections 164, 183, 353, 256, 313, 351, 437) and other laws like the BNSS Act are invoked to regulate conduct, record statements, and impose restrictions. Statements under Section 164 Cr.P.C. are not substantive evidence but can be used for corroboration. The law permits courts and authorities to impose interim restrictions or bail, considering the circumstances to prevent breach of peace S.Paramasivam vs The District Collector, Madurai District - Madras, Asha vs State of U.P. - Allahabad, BUDHI SINGH vs STATE OF NCT OF DELHI - Delhi.
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Restrictions on Religious and Public Activities - Restrictions on religious practices or public assemblies are permissible under constitutional provisions (e.g., Article 25), provided they are supported by law and aim to prevent violence or maintain order. Acts like the Public Order Act, 1936, exemplify laws that criminalize threatening or provocative behavior in public to avert breaches of peace MUNIRAJU vs STATE OF KARNATAKA - Karnataka, X CORP vs UNION OF INDIA - Karnataka.
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Breach of Public Order and Prevention Measures - Acts and laws are designed to prevent conduct that could lead to public disorder, including threatening speech or behavior. Courts and authorities exercise powers to impose restrictions, including interim bans or orders, to safeguard peace and order, especially during sensitive events or religious gatherings X CORP vs UNION OF INDIA - Karnataka.
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Analysis and Conclusion - Courts have broad discretionary powers to issue interim orders to prevent breach of peace, especially in cases involving religious or public gatherings. These measures are supported by statutory provisions and constitutional rights, balancing individual freedoms with public order. Proper legal procedures, including recording statements and considering the nature of the threat, are essential to justify restrictions. The law emphasizes that such restrictions must be lawfully imposed and proportionate to the threat posed to peace and order S.Paramasivam vs The District Collector, Madurai District - Madras, X CORP vs UNION OF INDIA - Karnataka.
References:
- S.Paramasivam vs The District Collector, Madurai District - Madras
- Asha vs State of U.P. - Allahabad
- MUNIRAJU vs STATE OF KARNATAKA - Karnataka
- BUDHI SINGH vs STATE OF NCT OF DELHI - Delhi
- Sorathiya Hareshbhai Rameshbhai vs State Of Gujarat - Gujarat
Search Results for "Section 164 Bnss Interim Order Restriction Breach of Peace"
2025 Supreme(Online)(Mad) 60376 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice R.Vijayakumar, Mrs. Justice J.Nisha Banu, Mrs. Justice S.Srimathy, JJ
of lawful religious practices under Article 25 of the Constitution of India, affirming that without a law prohibiting such acts, restrictions ... At the time of admission, the Court had granted interim direction to file a report. ... 94.It is settled position of law that a statement under Section 164 Cr.P.C ( new Section 183 of BNSS), does not have any evidentiary value and it is not a substantial evidence and it can be used only to corroborate or contradict a witness on a later point....
2025 0 Supreme(All) 3425 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajay Bhanot
BNSS ), Section 315 Cr.P.C. ( Section 353 of the BNSS ), Section 233 Cr.P.C. ( Section 256 of the Section 313 Cr.P.C. ( Section 351 BNSS ), Section 233 Cr.P.C. ( Section 256 BNSS ) and Section 233 Cr.P.C. ( Section 256 of the a href="./..
2025 Supreme(Online)(Kar) 29920 • India - Karnataka High Court
M.NAGAPRASANNA, J
(A) Protection of Children from Sexual Offences Act, 2012 - Sections 6; Indian Penal Code, 1860 - Section 376(3); Prohibition of ... Child Marriage Act - Section 9 - Quashing of criminal proceedings - Petitioner married 2nd respondent, who was a minor at the time ... The statements of the respondent no. 2 were recorded under section 161 and section 164 Cr. ... Therefore, there shall be an interim order of stay of all further proceedings in Spl.C.(PO....
2025 Supreme(Online)(Del) 5676 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ
There is nothing in Section 389 or otherwise in law, barring the appellate Court from granting interim bail or suspending the sentence on considerations as for parole. ... Learned Senior Counsel points out that parole and furlough are distinct and different than the order of suspension of sentence and/or release of a convict on interim/regular bail. ... grounds in consideration while entertaining applications for suspension and/or interim suspension of the sentence. ... “….what is covered by ....
2025 0 Supreme(Guj) 1245 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
(2021)9 SCC 292 wherein it is observed that said power is required to be exercised by the Governor on aid and advise of State Government and not by Hon’ble Governor on his own and only restriction under Section 433A of the CrPC is not applicable when powers under Article ... [11.9] Perusing condition No.6 also of the impugned policy/circular, it clearly reveals that certain restriction and limited power is required to be exercised and under Section 437(2) of the CrPC, word “appropriate government” for remission is expl....
2025 Supreme(Online)(Kar) 24817 • India - Karnataka High Court
actually lead to a breach of public order. ... In England also Acts like Public Order Act, 1936, Theatres Act, 1843 were passed : the former making it an offence to use threatening, abusive or insulting words or behaviour in any public place or at any public meeting with intent to provoke a breach of the peace or whereby a breach of the peace is ... to data requests made u/s 94 BNSS (formerly Section 91 Cr.P.C). ... the doctrine of ....
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