BNSS Section 161: Injunction Pending Inquiry
Code:
- Issuance of Injunction:
- If a Magistrate, while making an order under section 152, believes that immediate measures are necessary to prevent imminent danger or serious injury to the public, he may issue an injunction to the person against whom the order was made. This injunction aims to obviate or prevent such danger or injury while the matter is being determined.
- Enforcement of Injunction:
- If the person does not immediately comply with the injunction, the Magistrate may take appropriate actions himself or cause suitable means to be employed to obviate the danger or prevent the injury.
- Protection from Liability:
- No suit shall lie against a Magistrate for any action taken in good faith under this section.
Explanation: On Injunction Pending Inquiry
This section empowers a Magistrate to issue an injunction to prevent imminent danger or injury to the public. It allows the Magistrate to take immediate measures to ensure public safety when a situation poses a serious threat.
Illustration:
Imagine a situation where a construction site has become unstable and poses a risk of collapse. A Magistrate, under Section 161 could order the owner of the site to immediately halt construction and take necessary safety measures to prevent the collapse. If the owner fails to comply, the Magistrate can take further action, like using force to secure the site or evacuate the area.
Common Questions and Answers:
Q: What kind of danger or injury does this section cover?
A: This section covers any imminent danger or injury of a serious nature that poses a threat to public safety. This could include risks like building collapses, fire hazards, or outbreaks of infectious diseases.
Q: What is the scope of the injunction?
A: The injunction can be tailored to the specific situation and can include any measures deemed necessary to prevent the danger or injury. This could involve halting activities, securing the site, or evacuating people.
Q: What happens if the person fails to obey the injunction?
A: If the person against whom the injunction is issued fails to comply, the Magistrate can take necessary action, including using force or other means, to secure the situation.
Q: Is there any legal protection for the Magistrate under this section?
A: Yes, the section provides legal protection for the Magistrate. This is by stating that no suit can be filed against them for actions taken in good faith.
