Section 160: Procedure On Order Being Made Absolute
Code: Section 160 of the Bharatiya Nyaya Sanhita, 2023 (BNSS)
Explanation:
This section deals with the consequences of disobeying a Magistrate’s order issued under Sections 155 or 157 of the BNSS.
- Section 155 pertains to the Magistrate’s power to require the attendance of witnesses.
- Section 157 empowers the Magistrate to issue orders for the production of documents or other things.
When a Magistrate makes an order absolute under these sections, they must inform the concerned person about the order and the consequences of disobedience. This includes a fixed time to perform the act directed by the order and a warning that non-compliance will result in the penalty specified in Section 160 of the BNSS.
If the individual fails to comply with the order within the allotted time, the Magistrate can take steps to enforce the order, including:
- Performing the act themselves: The Magistrate can themselves execute the act required by the order, for example, producing the required documents.
- Recovering the cost: The Magistrate can recover the cost of performing the act from the person who disobeyed the order. This can be done through the sale of the disobedient person’s property, either directly related to the order or any other movable property.
Illustration:
A Magistrate orders a witness to appear in court for a case. The witness refuses to attend despite the order. The Magistrate, under Section 160, may issue a warrant for the witness’s arrest.
Common Questions & Answers:
Q: What are the penalties for disobeying a Magistrate’s order under Sections 155 or 157?
A: Section 160 outlines the penalties, which can include imprisonment and/or fines. The specific penalty depends on the nature of the order and the circumstances.
Q: Can a person challenge a Magistrate’s order under Section 160?
A: Yes, a person can challenge the order through the appropriate legal channels, such as filing an appeal or seeking judicial review.
Q: Can the Magistrate recover the cost of enforcing the order even if the individual is unable to pay?
A: No, the Magistrate cannot recover the cost if the individual is genuinely unable to pay. In such cases, the Magistrate may consider other options, such as reducing the cost or waiving it altogether.
