(1) When an order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section.
Bharatiya Nagarik Suraksha Sanhita
Section 160
Procedure on order being made absolute and consequences of disobedience
⚡ Quick Answer Reference: Section 160 BNSS
- Provision: Section 160 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: When a court order is made final, the Magistrate must inform the person who disobeyed the order to comply within a specified time. If they don't comply, the Magistrate can take action to enforce the order and recover costs. This section also protects the Magistrate from being sued for actions taken in good faith.
What does Section 160 of BNSS say?
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What does Section 160 of BNSS mean?
Plain English Explanation
When a court order is made final, the Magistrate must inform the person who disobeyed the order to comply within a specified time. If they don't comply, the Magistrate can take action to enforce the order and recover costs. This section also protects the Magistrate from being sued for actions taken in good faith.
Practical Interpretation
In real practice, this section means that the Magistrate has the authority to enforce court orders and recover costs if the person against whom the order was made fails to comply. The Magistrate must follow the procedures outlined in this section, including giving notice and informing the person of the consequences of disobedience.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for enforcing court orders and recovering costs when a person fails to comply. It also aims to protect the Magistrate from being sued for actions taken in good faith.
- •An order has been made absolute under section 155 or section 157.
- •The Magistrate must give notice to the person against whom the order was made.
- •The person must perform the act directed by the order within the time fixed in the notice.
- •If the person fails to comply, the Magistrate may cause the act to be performed and recover costs.
Practical Example of Section 160 BNSS
Rajesh is ordered by the court to remove a building on his property under section 155. The order is made absolute, and the Magistrate gives Rajesh notice to comply within 30 days. Rajesh fails to comply, and the Magistrate causes the building to be removed and recovers the costs from Rajesh's movable property.
Frequently Asked Questions about Section 160 BNSS
Q: What is the punishment or consequence under Section 160 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of disobedience is that the person may be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision for enforcing court orders and recovering costs.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 160 BNSS
What is Section 160 of BNSS?
Section 160 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure on order being made absolute and consequences of disobedience". In plain terms: When a court order is made final, the Magistrate must inform the person who disobeyed the order to comply within a specified time. If they don't comply, the Magistrate can take action to enforce the order and recover costs. This section also protects the Magistrate from being sued for actions taken in good faith.
What is the punishment under Section 160 of BNSS?
Section 160 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 160 of BNSS bailable or non-bailable?
Whether Section 160 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 160 of BNSS?
The essential elements of Section 160 of BNSS are: An order has been made absolute under section 155 or section 157.; The Magistrate must give notice to the person against whom the order was made.; The person must perform the act directed by the order within the time fixed in the notice..
Landmark Judgments under Section 160 BNSS
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 160
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