Code: Section 160 BNSS
(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.
Explanation of Section 160 BNSS
Section 160 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure after an order becomes absolute under Section 155 BNSS or Section 157 BNSS. It also describes the consequences of non-compliance.
Key Provisions
- Notification of Final Order: The Magistrate informs the concerned party that the order is now final and must be complied with.
- Liability for Disobedience: If the person fails to comply, they will face penalties under Section 221 BNS.
- Execution by Magistrate: If the act required by the order is not performed within the given time, the Magistrate can have it executed and recover costs.
- Property Seizure for Cost Recovery: The Magistrate can seize and sell the person’s property to recover the expenses of executing the order.
- Legal Protection: No lawsuit can be filed against the Magistrate or authorities for actions taken in good faith under this section.
This provision ensures enforcement of public safety and order while also providing a mechanism for recovering costs from non-compliant individuals.
Illustration
Example 1: Illegal Construction
A person constructs an illegal structure obstructing a public road. The Magistrate issues an order under Section 155 BNSS to remove it. If the person does not comply, the Magistrate, under Section 160, can have the structure removed and recover the demolition cost by selling the debris or other property of the individual.
Example 2: Pollution Hazard
A factory releases untreated waste into a river. The Magistrate issues an order under Section 157 BNSS to install a filtration system. If the factory owner fails to comply, the Magistrate can get the filtration system installed and recover costs by seizing and auctioning factory assets.
Common Questions and Answers on Section 160 BNSS
What happens if a person does not comply with an order made absolute under BNSS?
If a person fails to comply, the Magistrate can have the required action performed and recover the costs by selling the person’s movable property. The person will also be penalized under Section 221 BNS.
Can the Magistrate seize property outside his jurisdiction?
Yes, but only after obtaining an endorsement from the Magistrate within whose jurisdiction the property is located.
Can a person challenge the Magistrate’s action under Section 160 BNSS?
No civil suit can be filed against actions taken in good faith under this section. However, the person can appeal against the order under the legal provisions available.
Is there a time limit for compliance after an order is made absolute?
Yes, the Magistrate sets a specific deadline in the notice for compliance. If the act is not completed within this period, enforcement actions are taken.
Conclusion
Section 160 BNSS ensures strict enforcement of judicial orders, enabling the Magistrate to take direct action in case of non-compliance. By linking penalties under Section 221 BNS, it strengthens the authority of legal directives, ensuring public order and adherence to lawful commands.
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