Section 159 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 160 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure to be followed when an order made under Sections 155 or 157 becomes absolute and the consequences of disobedience.
📜 Text of Section 160 – Procedure on Order Being Made Absolute and Consequences of Disobedience
Notice and Requirement to Perform Act:
When an order has been made absolute under Section 155 or Section 157, the Magistrate shall give notice to the person against whom the order was made. The notice shall require the person to perform the act directed by the order within a time fixed in the notice and inform them that, in case of disobedience, they shall be liable to the penalty provided by Section 223 of the Bharatiya Nyaya Sanhita, 2023.
Non-Compliance and Recovery of Costs:
If the act is not performed within the time fixed, the Magistrate may cause it to be performed and may recover the costs of performing it. This can be done either by the sale of any building, goods, or other property removed by the Magistrate's order or by the distress and sale of any other movable property of the person within or outside the Magistrate’s local jurisdiction. If the property is outside the jurisdiction, the order shall authorize its attachment and sale when endorsed by the Magistrate within whose jurisdiction the property is found.
Protection Against Civil Suit:
No suit shall lie in respect of anything done in good faith under this section.
⚖️ Corresponding Provision in the Code of Criminal Procedure (CrPC)
Section 160 of the BNSS corresponds to Section 141 of the Code of Criminal Procedure (CrPC), 1973. Both provisions deal with the enforcement of orders made absolute and the consequences of non-compliance, ensuring that lawful directives are adhered to and penalties are imposed for disobedience.
🛡️ Legal Safeguards
Notice Requirement: The person against whom the order is made must be notified and given a reasonable time to comply, ensuring fairness and transparency in the process.
Recovery of Costs: If the person fails to comply, the Magistrate has the authority to have the act performed and recover the costs, which may include the sale of the person's property.
Protection for Officials: Officials acting under this section in good faith are protected from civil suits, providing them with the necessary legal backing to enforce orders.
This provision ensures that orders made by Magistrates are enforced effectively and that there are clear consequences for non-compliance, thereby upholding public order and the rule of law.
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