Law4u - Made in India

What Is BNSS Section 160?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Santosh Kumar Dash

Advocate Santosh Kumar Dash

Cyber Crime, International Law, Media and Entertainment, R.T.I, Startup, Patent, Property, Trademark & Copyright, Tax, Labour & Service, Immigration, GST, Customs & Central Excise, Corporate, Civil, Consumer Court, Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Court Marriage, Criminal, High Court, Family, Insurance, Landlord & Tenant, Revenue, Wills Trusts

Get Advice
Advocate Hitesh Dubey

Advocate Hitesh Dubey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Corporate, GST, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Criminal, Cyber Crime, Domestic Violence, Family, Documentation, Divorce, High Court, Immigration, International Law, Insurance, Labour & Service, Landlord & Tenant, Property, Patent, Motor Accident, Medical Negligence, Media and Entertainment, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue, Customs & Central Excise, NCLT

Get Advice
Advocate Amresh Upadhyay

Advocate Amresh Upadhyay

Customs & Central Excise, GST, High Court, NCLT, Tax, Corporate, Breach of Contract, Wills Trusts, Supreme Court, International Law

Get Advice
Advocate Mrs Veni

Advocate Mrs Veni

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Cyber Crime, Divorce, Documentation, Family

Get Advice
Advocate Vikas Kumar Gupta

Advocate Vikas Kumar Gupta

Criminal,Civil,Revenue,Wills Trusts,Property,Succession Certificate,

Get Advice
Advocate Venugopal

Advocate Venugopal

Cheque Bounce,Civil,Breach of Contract,Consumer Court,Court Marriage,Divorce,Documentation,Domestic Violence,Family,Landlord & Tenant,Property,R.T.I,Succession Certificate,

Get Advice
Advocate Rupali Gopal Chaudhari

Advocate Rupali Gopal Chaudhari

Civil, Criminal, Divorce, Family, Property

Get Advice
Advocate Anjay Mishra

Advocate Anjay Mishra

Civil, Criminal, High Court, Divorce, Cheque Bounce, Anticipatory Bail, Family, Property, Motor Accident, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.