Section 160 BNSS: Procedure on order being made absolute and consequences of disobedience (Formerly Section 141 CrPC)

Section 160 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure on order being made absolute and consequences of disobedience

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 160

Section 160 provides that when an order has been made absolute under Section 154 or Section 155, the Magistrate shall give notice of the same to the person against whom the order was made, requiring them to perform the act within a specified time.

Formal Notice of Absolute Order: Written notice served on the party informing that the conditional order is now absolute.
Requisition to Perform: Directing performance of the act (demolition, removal, abatement) within a specified time.
Warning of Penal Sanctions: Express intimation that disobedience is punishable under Section 223 BNS.

Key Landmark Precedents:

C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 552: The Supreme Court held that formal communication of the absolute order under Section 141 CrPC (Section 160 BNSS) is mandatory before prosecuting for disobedience.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that time limits must be reasonable and practically executable.

Courtroom Practice & Strategic Litigation Guidance:

If the state prosecutes under Section 223 BNS without serving the formal notice under Section 160 specifying the time for compliance, the criminal prosecution is premature and void.