BNSS Section 160 – Procedure on Order Being Made Absolute and Consequences of Disobedience

 


1. Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a new criminal procedure law that has replaced the old Code of Criminal Procedure (CrPC), 1973. The BNSS has introduced new sections and restructured many old ones to make criminal law more effective, simple, and time-bound.

One of its important provisions is Section 160, which explains what happens after an order made by a Magistrate becomes absolute and what are the consequences if someone disobeys that order.

This section ensures that the orders of a Magistrate are respected and followed. It also gives the Magistrate power to take action if a person fails to obey such an order. The section also protects public officers who act in good faith while enforcing the order.

2. Text of BNSS Section 160

The full text of Section 160 of the BNSS, 2023 is as follows:

(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.

3. Objective of Section 160

The main purpose of BNSS Section 160 is to make sure that a person obeys the lawful order issued by the Magistrate. If the person disobeys, the Magistrate can enforce it and recover costs. The law gives a clear process for both compliance and enforcement.

In short, Section 160 ensures that:

  1. Magistrates’ orders are carried out properly.

  2. Disobedience is punished under Section 223 of the Bharatiya Nyaya Sanhita (BNS).

  3. Magistrates and officials are protected for actions taken in good faith.

This provision upholds the rule of law and maintains public order by ensuring that government directions are followed.

4. Explanation of Key Points in Section 160

Let us understand each part of Section 160 in simple words.

(a) Notice After Order Becomes Absolute

When a Magistrate makes an order absolute under Section 155 or Section 157, he must:

  • Give a notice to the person against whom the order was passed.

  • The notice tells the person to perform the act mentioned in the order, such as removing an obstruction, cleaning a public drain, or repairing a dangerous structure.

  • The Magistrate must also fix a time limit for compliance.

  • The notice must warn that if the person disobeys, he will face penalty under Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023.

This ensures that the person gets a fair chance to obey the order before facing any penalty.

(b) Enforcement of the Order

If the person does not perform the act within the time given in the notice, then sub-section (2) gives the Magistrate the power to get the act done himself.

For example:

  • The Magistrate may order the removal of a wall blocking a public path.

  • If the person does not remove it, the Magistrate can send workers or officers to remove it.

  • The Magistrate can then recover the cost of doing this work.

The cost can be recovered in two ways:

  1. By selling the property, goods, or building involved in the case, or

  2. By attaching and selling other movable property belonging to that person.

If the person’s property is outside the Magistrate’s local area, the order can be endorsed by the Magistrate of that area for execution. This allows the law to be enforced even across jurisdictions.

This clause gives real power to the Magistrate to make sure that his orders are not ignored.

(c) Protection for Acts Done in Good Faith

The third sub-section is about protection of officials. It says that no suit or legal case can be filed against a Magistrate or any officer for actions done in good faith under this section.

“Good faith” means acting honestly and with proper care. This protection ensures that Magistrates and officers can perform their duty without fear of personal legal trouble, as long as they act lawfully and sincerely.

5. Connection with Section 223 of Bharatiya Nyaya Sanhita (BNS)

Section 160 of BNSS mentions Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023. Section 223 provides punishment for disobedience to an order issued by a lawful authority.

Under Section 223 of BNS:

  • If a person knowingly disobeys a lawful order from a public servant, he can be punished with imprisonment, fine, or both.

  • The punishment depends on the seriousness of the disobedience and its consequences.

This link between BNSS Section 160 and BNS Section 223 creates a complete system:

  • BNSS 160 describes how an order should be enforced.

  • BNS 223 describes what penalty applies for disobedience.

Together, they make sure that orders are followed and respected.

6. Importance of Section 160 in Criminal Procedure

BNSS Section 160 plays a major role in maintaining discipline and authority in the criminal justice system. Its importance can be understood in these points:

  1. Ensures Obedience to Orders:
    Once a Magistrate’s order becomes final, it must be followed. This section ensures there is a proper system for enforcement.

  2. Protects Public Interest:
    Many such orders involve issues like public safety, public health, or obstruction removal. Non-compliance can harm the community.

  3. Empowers Magistrates:
    It gives Magistrates the legal power to enforce their orders without needing separate proceedings.

  4. Reduces Delay:
    The Magistrate can act directly instead of waiting for further litigation, saving time and resources.

  5. Protects Officers Acting Lawfully:
    Officers acting under this law are protected if they act in good faith. This builds trust and encourages effective enforcement.

7. Example to Understand Section 160

Let’s take a simple example:

A person builds a wall blocking a public pathway. The Magistrate passes an order under Section 157 asking him to remove the wall. The person is given a few days to do so.

  • When the person does not remove it, the Magistrate makes the order absolute under Section 160(1).

  • A notice is given to the person, fixing a new deadline and warning of penalty under Section 223 of BNS.

  • Still, the person ignores it.

  • Then, under Section 160(2), the Magistrate sends workers to remove the wall.

  • The cost of removal is recovered by selling the bricks or by attaching the person’s property.

  • If the wall owner files a case against the Magistrate for removing it, sub-section (3) protects the Magistrate since he acted in good faith.

This example shows how Section 160 ensures that public orders are implemented fairly and effectively.

8. Protection Under the Good Faith Clause

The good faith clause in sub-section (3) is very important. It ensures that public officers do not fear legal action when they are enforcing the law honestly.

This protection encourages responsible administration and prevents misuse of the judicial system by those who disobey lawful orders and then try to sue officials.

However, this protection applies only when the act is done honestly. If the officer acts with malice or abuse of power, he cannot claim this benefit.

9. Comparison with Old CrPC Provision

Section 160 of BNSS corresponds to Section 138 of the old CrPC, 1973. Both sections deal with the same issue — procedure after an order becomes absolute and consequences of disobedience.

The key updates under BNSS include:

  • Reference to the new Bharatiya Nyaya Sanhita (BNS) instead of the Indian Penal Code (IPC).

  • Simplified language and clear process for recovery and enforcement.

  • Better jurisdictional coordination for execution of orders.

  • Protection for officials performing their duties honestly.

Hence, Section 160 modernizes the procedure while maintaining the same principle of enforcing public safety and compliance.

Also read: BNSS Section 157

10. Conclusion

BNSS Section 160 is an important provision that ensures Magistrate’s orders are respected and followed. It sets out a clear process for giving notice, fixing time for compliance, enforcing the act, and recovering costs if necessary.

It also connects with Section 223 of the Bharatiya Nyaya Sanhita, which punishes disobedience of lawful orders. Together, these provisions strengthen the legal framework of obedience and enforcement in India.

The good faith protection under sub-section (3) further ensures that officers can carry out their duties without fear, provided they act honestly and fairly.

In simple terms, BNSS Section 160 is a law about compliance, enforcement, and responsibility. It maintains the authority of the Magistrate, ensures justice for the public, and upholds the rule of law.

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