Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 160: Procedure on Order Being Made Absolute and Consequences of Disobedience
(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 221 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 cost 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.
Brefe Detail
Section 160 outlines the procedure to be followed once an order is made absolute by a Magistrate under the previous sections. It specifies the responsibilities of the Magistrate in notifying the individual affected by the order and the consequences of failing to comply with it, including potential penalties and the methods by which compliance may be enforced.
Question & Answers
What happens when an order is made absolute under section 155 or section 157?
The Magistrate must notify the person affected and require them to perform the directed act within a specified time.
What penalties are involved in case of disobedience?
The person may be liable to penalties as outlined in section 221 of the Bharatiya Nyaya Sanhita, 2023.
How can the Magistrate enforce compliance if the act is not performed?
The Magistrate may cause the act to be performed and recover costs through the sale of property or other means.
Is there any legal recourse for actions taken under this section?
No suit shall lie in respect of anything done in good faith under this section.
Example
1. Scenario: A Magistrate orders a property owner to remove a structure causing a public nuisance.
If the owner fails to comply, the Magistrate will notify them of the consequences and may arrange for the removal of the structure, recovering costs through the sale of the property.
2. Scenario: A business is directed to cease operations that violate local regulations.
Should the business continue to operate, the Magistrate can enforce the order and recover any related costs by selling assets of the business.
Summary
Section 160 provides a clear framework for the enforcement of orders made by a Magistrate, detailing the notification process, the consequences of non-compliance, and the legal protections in place for actions taken in good faith.
