BNSS Section 160: Procedure on order being made absolute and consequences of disobedience (formerly CrPC 141)
Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024
BNSS 160: Procedure on order being made absolute and consequences of disobedience
From 1 July 2024
(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.
What it replaced in the CrPC
BNSS 160 ← CrPC 141 · Procedure on order being made absolute and consequences of disobedienceNo change
BPR&D's comparison records no change in the text, only a new number.
Printed in both official correspondence tables (BPR&D and NCRB).
(1) When an order has been made absolute under section 136 or section 138, 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 a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).
(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.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 141
They remain the law on CrPC 141. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 12.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 28.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.