Section 161 of Bharatiya Nagarik Suraksha Sanhita, 2023: Injunction pending inquiry

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 142 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 161

Section 161 empowers the Magistrate, upon non-compliance with an order made absolute under Section 160, to cause the act to be performed by official machinery and recover the costs from the defaulter.

  • Default in Execution: Defaulter fails to perform the directed abatement act within the specified time.
  • Executive Execution: Magistrate causes the act to be performed (demolition by municipality, sealing by police).
  • Cost Recovery: Costs recovered by distress and sale of movable property or as arrears of land revenue.
Key Landmark Precedents:
  • Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed the executive enforcement powers of magistrates to demolish dangerous structures and recover expenses from contumacious owners.
  • In Re: Destruction of Public and Private Properties (2009) 5 SCC 212: Reiterated that the costs of remedying public hazards must be recovered directly from the perpetrators.
Courtroom Practice & Strategic Litigation Guidance:

Challenge excessive or inflated contractor bills submitted by municipal authorities for demolition under Section 161. The recovery must be limited strictly to actual, reasonable expenses incurred.