Consider the following statements regarding Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the successor provision to Section 144 of the Code of Criminal Procedure, 1973:

Statements

1. Section 163 of the BNSS empowers an Executive Magistrate to issue prohibitory orders to prevent disturbance of public tranquillity, but such orders must be premised on an apprehension of imminent threat to peace and cannot serve as a blanket restriction on lawful public activity in the absence of any such apprehension.
2. An order under Section 163 of the BNSS, once issued, operates in the same manner as a court injunction and can only be challenged through an appeal to the High Court under its ordinary appellate jurisdiction, not through a writ petition.