How to organize a protest at Jantar Mantar under Section 163 BNSS

1. The Hook

You and your friends are frustrated with a new policy and decide it is time to take the posters to Jantar Mantar. You have seen news of activists like Abhijit Dipke or groups like CJP planning to show up without 'prior permission,' claiming the right to protest is absolute. But as you pack your megaphone, you wonder: will the Delhi Police pick you up the moment you step off the metro? Knowing whether you need a permit or just need to give an 'intimation' is the difference between a successful demonstration and an afternoon in a police van at Mandir Marg station.

2. What the law actually says

Your right to protest is grounded in Article 19(1)(b) of the Constitution of India, which guarantees the right to assemble peaceably and without arms. However, this is subject to 'reasonable restrictions' under Article 19(3) in the interests of public order.

In Delhi, specifically the New Delhi District where Jantar Mantar is located, the police frequently invoke Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaced Section 144 of the CrPC). This section allows a Magistrate to issue orders to prevent 'obstruction, annoyance or injury' or 'danger to human life, health or safety.' Effectively, it prohibits the assembly of five or more people without specific authorization.

The landmark Supreme Court judgment in Mazdoor Kisan Shakti Sangathan v. Union of India (2018) clarified the status of Jantar Mantar. The Court ruled that while a total ban on protests in central Delhi was unconstitutional, the authorities could regulate the volume of noise, the number of participants, and the timing.

Currently, the Delhi Police guidelines (often informed by National Green Tribunal orders) generally limit the number of protesters at Jantar Mantar to 1,000 people. If your gathering exceeds this, or if you haven't informed the police, they can declare it an 'unlawful assembly' under Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023. If you ignore an order to disperse, you could face charges under Section 223 of the BNS for 'disobedience to order duly promulgated by public servant.'

While some activists argue that 'intimation' (simply telling the police you are coming) is enough, the Delhi Police Act, 1978, gives the Commissioner the power to regulate processions and assemblies. In practice, the police treat an 'intimation' as an 'application for permission' (NOC). If you proceed without an explicit 'No Objection Certificate' (NOC) while Section 163 BNSS is in force, you risk preventive detention.

3. Step-by-step playbook

Step 1: Check the 'Section 163' status

Before doing anything, verify if Section 163 BNSS is currently active in the New Delhi District. The Delhi Police usually issue these orders in 15-day or 30-day blocks. You can check the 'Public Notices' section on the Delhi Police official portal or visit the Parliament Street Police Station to ask. If it is active, you legally must seek permission to assemble with more than four people.

Step 2: Draft your intimation/application

Do not use vague language. Your letter to the Deputy Commissioner of Police (DCP), New Delhi District, should include:

• Purpose: What are you protesting? (e.g., 'Peaceful demonstration against the new education policy').
• Date and Time: Be specific (e.g., June 6, 2026, from 10:00 AM to 2:00 PM).
• Expected Strength: Be honest. If you expect 50 people, say 50. If you say 50 and 5,000 show up, the police will likely shut it down immediately.
• Logistics: Will you use a mic/amplifier? (Note: NGT rules strictly limit decibel levels at Jantar Mantar).
• Undertaking: State clearly that the protest will be peaceful, no weapons will be carried, and no traffic will be blocked.

Step 3: Submit at the DCP Office

Take two copies of your letter to the Office of the DCP, New Delhi District (Jantar Mantar Road).

• What to bring: Your Aadhaar card and the Aadhaar cards of at least two other organizers.
• The Receipt: This is the most important part. Ensure the inward clerk stamps your copy with a 'Received' stamp and a date. This is your proof of intimation.
• Timeline: Submit this at least 48 to 72 hours in advance. While there is no statutory minimum for 'intimation,' the police generally require time to process 'permission.'

Step 4: Follow up for the NOC

The police might call the organizers for a 'verification' at the local police station (Parliament Street). They will ask about your funding and if any political parties are involved. If they grant the NOC, keep a digital and physical copy with you at the protest site.

Step 5: On-ground conduct

When you arrive at Jantar Mantar:

• The Yellow Line: Stay within the designated protest barricades. Crossing the 'yellow line' or moving toward Parliament House is the fastest way to get detained.
• The Police Liaison: Identify one person from your group to be the point of contact for the police officers on duty.
• Documentation: Have a volunteer record the proceedings. If the police ask you to disperse, ask for the specific order under Section 163 BNSS.

Step 6: If permission is denied

If the DCP rejects your application, they must provide reasons.

• You can challenge a denial in the Delhi High Court via a Writ Petition, but this takes time.
• Alternatively, you can use the File an RTI online process to ask for the specific grounds on which protests were allowed for other groups on the same day but denied to you, to build a case of discrimination.

Step 7: The 'Detention Protocol'

If you decide to protest despite a denial (civil disobedience), be prepared for preventive detention.

• Under Section 170 of the BNSS, police can detain you to prevent the commission of a cognizable offence.
• They must release you within 24 hours unless they formally arrest you.
• If you are mistreated or arrested without being told the grounds, you should later follow our guide on How to file an FIR (and what to do if police refuse).

For more information on navigating digital risks while organizing, see the Cyber Crime reporting portal guide. To learn more about your rights in other areas, Browse all civic-action guides.

Where it usually breaks

Even if you follow the playbook, things can get messy. The Delhi Police have a wide range of discretionary powers, and Jantar Mantar is one of the most sensitive zones in the country. Here is where the plan usually hits a wall:

1. The "Security Reasons" Rejection The most common failure mode is receiving a rejection letter (or no response at all) citing "security reasons" or "VVIP movement." Since Jantar Mantar is close to Parliament and the Prime Minister’s residence, this is the standard boilerplate excuse.

• The Workaround: If your protest is large and the cause is urgent, you can challenge the refusal in the Delhi High Court via a Writ Petition. In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Supreme Court held that a "blanket ban" is illegal. If the police refuse, they must provide specific reasons. If they don't, file an RTI immediately (see template below) asking for the specific "threat assessment report" that led to the denial.

2. The "Intimation" vs. "Permission" Stand-off Activists like Abhijit Dipke often argue that you only need to "inform" the police, not "ask" them. While constitutionally sound, on the ground, if Section 163 BNSS is active, the police will treat "intimation without an NOC" as an "unauthorized assembly."

• The Workaround: Don't just drop the letter and leave. Get a "Received" stamp with the date and time on your photocopy. This "receiving" is your only shield. If you are detained, this stamp proves you acted in good faith and didn't hide your intentions.

3. The Loudspeaker Lockdown The National Green Tribunal (NGT) has strict noise pollution norms for Jantar Mantar because it is a residential-cum-commercial area. Police often seize sound systems if you don't have a specific "Sound Permission."

• The Workaround: Apply for sound permission separately at the same DCP office. Specify that you will use "Box Speakers" facing inward at a low volume, rather than large horns. If they refuse sound, use megaphones (handheld) — they are harder to regulate under "loudspeaker" laws but can still be seized if you’re being a nuisance.

4. The "Pick-up" at the Metro Station If the police know a protest is happening without an NOC, they often detain "leaders" at Rajiv Chowk or Janpath Metro stations before they even reach Jantar Mantar.

• The Workaround: Avoid wearing protest merch (t-shirts, badges) or carrying rolled-up banners visibly while exiting the metro. Assemble at the site individually rather than in a large group from the station.

Templates / script

A. The Intimation Letter (Copy-paste to DCP Office)

To, The Deputy Commissioner of Police, New Delhi District, Parliament Street, New Delhi - 110001.

Subject: Intimation regarding peaceful demonstration at Jantar Mantar on [Date].

Respected Sir/Ma'am,

I am writing to inform you that a group of [Number] students/citizens intends to hold a peaceful demonstration at Jantar Mantar on [Date] from [Start Time] to [End Time].

Purpose: To raise awareness regarding [Topic, e.g., climate change/exam irregularities]. Organiser Details: [Your Name], [Your Phone], [Your Address]. Undertaking:

1. We shall abide by all directions issued by the Delhi Police on the spot.
2. The assembly will be peaceful and without arms/weapons as per Article 19(1)(b).
3. We will not block the movement of traffic or pedestrians on Jantar Mantar Road.
4. We will ensure no damage to public property.

We request you to provide the necessary security arrangements and an NOC for the use of [mention if using a small mic/speaker].

Sincerely, [Your Signature] [Your Name] [Date]

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B. The "If Detained" Script (When talking to a Constable/SI)

Police: "You don't have permission. Get in the van." You: "Sir/Ma'am, we have submitted an intimation to the DCP Office on [Date] and have a received copy. Under the Supreme Court judgment in the Mazdoor Kisan case, Jantar Mantar is a designated protest site. If we are being detained, please let us know if we are under 'preventive detention' or if we are being arrested under Section 223 of the BNS."

Note: If they insist, do not resist physically. Resistance can lead to a BNS Section 221 charge (obstructing a public servant), which is much harder to fight.

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C. RTI Template (If permission is denied)

To, Public Information Officer (PIO), Office of the DCP, New Delhi District.

Subject: RTI application regarding denial of protest permission on [Date].

1. Provide a certified copy of the order/noting by which the permission for the protest titled "[Your Title]" on [Date] was denied.
2. Provide a copy of the "Threat Assessment Report" or "Security Feedback" based on which the permission was denied.
3. Provide the name and designation of the officer who passed the final order of denial.

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FAQs

1. Can I protest alone without any permission? Yes. Section 163 BNSS (formerly 144 CrPC) prohibits the assembly of five or more people. If you are standing alone with a placard, you are legally not an "assembly." However, police may still ask you to move citing "obstruction of traffic." As long as you aren't blocking the pavement, you are within your rights.

2. What happens if I am detained? Preventive detention usually lasts a few hours. You will likely be taken to a nearby police station (like Mandir Marg or Tilak Marg). They will note your Aadhaar details and phone number and release you by evening. It does not usually result in a "criminal record" unless they formally register an FIR under Section 223 BNS.

3. Is there a fee for organizing a protest? There is no "booking fee" for Jantar Mantar. It is public land. However, if you are hiring private sound systems or stages, you need to ensure the vendors have their own commercial permits. Be wary of anyone claiming to be a "middleman" who can get you permission for a fee.

4. Can the police search my phone during a protest? Technically, no. Unless you are under formal arrest and the phone is evidence of a crime, they cannot force you to unlock it. You can politely refuse by saying, "Sir, this contains my private personal data and I do not consent to a search without a legal warrant."

5. How many days in advance should I apply? The Delhi Police portal and guidelines suggest applying at least 7 to 10 days in advance. Last-minute applications (24-48 hours before) are almost always rejected on the grounds that there isn't enough time for a "security clearance."

6. What if I'm under 18? If you are a minor, the police must follow the Juvenile Justice (Care and Protection of Children) Act. They cannot put you in a regular lock-up or a standard police van with adult detainees. You must be kept in a "child-friendly" environment and your parents/guardians must be informed immediately.