(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Bharatiya Nagarik Suraksha Sanhita
Section 161
Injunction pending inquiry
Englishहिंदी
⚡ Quick Answer Reference: Section 161 BNSS
- Provision: Section 161 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: If a Magistrate thinks immediate action is needed to prevent serious harm to the public, they can issue an injunction to the person involved to prevent the danger. If the person doesn't obey the injunction, the Magistrate can take action to prevent the danger. This section also protects the Magistrate from being sued for actions taken in good faith.
Statutory Content
What does Section 161 of BNSS say?
Indian StandardSection 161, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 161 (India)
Court Pleading StandardSection 161 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/161
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 161 of BNSS mean?
Plain English Explanation
If a Magistrate thinks immediate action is needed to prevent serious harm to the public, they can issue an injunction to the person involved to prevent the danger. If the person doesn't obey the injunction, the Magistrate can take action to prevent the danger. This section also protects the Magistrate from being sued for actions taken in good faith.
Practical Interpretation
In practical terms, this section allows a Magistrate to take swift action to prevent imminent danger to the public. The Magistrate can issue an injunction to the person involved, and if they don't comply, the Magistrate can take further action to prevent the danger. This section is often used in emergency situations where immediate action is needed.
Core Legal Purpose
The core purpose of this section is to empower Magistrates to take immediate action to prevent serious harm to the public. It allows them to issue injunctions and take further action if necessary, while also protecting them from being sued for actions taken in good faith.
Key Legal Elements
- •The Magistrate must consider that immediate measures are needed to prevent imminent danger or injury of a serious kind to the public.
- •The Magistrate must issue an injunction to the person against whom the order was made to obviate or prevent such danger or injury.
- •The Magistrate must consider that the person has failed to obey the injunction before taking further action.
- •The Magistrate's actions must be taken in good faith.
Practical Example
Practical Example of Section 161 BNSS
Rajesh, a local businessman, is accused of operating a factory that is causing serious air pollution in a residential area. The Magistrate, considering the imminent danger to the public, issues an injunction to Rajesh to shut down the factory immediately. However, Rajesh fails to comply, and the Magistrate takes further action to shut down the factory. In this scenario, Section 161 of BNSS is applied to prevent the imminent danger to the public.
Common Questions (FAQ)
Frequently Asked Questions about Section 161 BNSS
Q: What is the punishment or consequence under Section 161 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the powers of the Magistrate to issue injunctions and take further action in emergency situations.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is concerned with the powers of the Magistrate to issue injunctions and take further action in emergency situations.
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.
People Also Ask (PAA)
Common Questions about Section 161 BNSS
What is Section 161 of BNSS?
Section 161 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Injunction pending inquiry". In plain terms: If a Magistrate thinks immediate action is needed to prevent serious harm to the public, they can issue an injunction to the person involved to prevent the danger. If the person doesn't obey the injunction, the Magistrate can take action to prevent the danger. This section also protects the Magistrate from being sued for actions taken in good faith.
What is the punishment under Section 161 of BNSS?
Section 161 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 161 of BNSS bailable or non-bailable?
Whether Section 161 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 161 of BNSS?
The essential elements of Section 161 of BNSS are: The Magistrate must consider that immediate measures are needed to prevent imminent danger or injury of a serious kind to the public.; The Magistrate must issue an injunction to the person against whom the order was made to obviate or prevent such danger or injury.; The Magistrate must consider that the person has failed to obey the injunction before taking further action..
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