Court Highlights Limits of Police Powers, Emphasizes Judicial Authority in Issuing Injunctions
Lucknow, April 29, 2026: In a significant ruling, the Allahabad High Court has stayed the implementation of a police notice issued under Section 168 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which was directed at Som Shankar and others, petitioners in the case against the State of Uttar Pradesh. The bench, comprising Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad, found that the notice exceeded the statutory powers granted to police officers under the BNSS, 2023.
The case arose from a notice issued on April 18, 2026, by the Inspector-In-charge of the Sushant Golf City area in Lucknow, which restricted access to the premises of AAIL, a company owned by the petitioners. The notice stipulated that only employees of APIL and AAIL could enter the premises, effectively barring unauthorized individuals from entry.
The petitioners, represented by Senior Advocate Gaurav Mehrotra, challenged the notice on grounds of jurisdictional overreach, arguing that Section 168 BNSS does not permit police officers to issue orders akin to injunctions. Mehrotra highlighted that the BNSS does not prescribe any format for issuing notices under Section 168, implying legislative intent against such actions by police officers.
Section 168 of the BNSS allows police officers to prevent cognizable offences but does not empower them to restrain lawful activities. The court underscored that powers to issue injunctions rest solely with competent courts of law. Citing precedents from the Bombay High Court, the bench emphasized that police officers are meant to interpose to prevent offences, not to impose restrictions on civil rights.
The State's counsel, S.N. Tilhari, defended the notice, asserting it was necessary to prevent unauthorized access. However, the court required further examination of whether proper procedures involving higher police authorities were followed before issuing the notice.
The High Court has called for a detailed hearing and instructed the State to file a counter affidavit within two weeks. The petitioners will have an additional week to respond. Until then, the implementation of the impugned notice remains stayed, offering interim relief to the petitioners.
This ruling reinforces the limitations on police powers under the BNSS and highlights the judiciary's role in safeguarding civil rights against administrative overreach.
Bottom line:-
Police officers, under Section 168 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, cannot issue notices tantamount to injunctions, as such power is not vested in police officers but in competent courts of law.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 168
Som Shankar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2892958
