CrPC Section 141: Consequences of Disobedience to Court Orders – Procedure for Making Order Absolute

This section deals with the consequences of disobeying a court order and the procedure for making the order absolute.

1. State the code

Section 141 of the Code of Criminal Procedure, 1973

2. Explain it

This section outlines the procedure to be followed when a person disobeys a court order. It lays down the consequences of such disobedience and the steps involved in making the order absolute.

• Disobedience to Order: If a person disobeys a court order, they can be held liable for contempt of court.
• Procedure for Making Order Absolute: If the person disobeying the order does not comply within the time given by the court, the court can make the order absolute. This means the order will be enforced, and the person may face consequences like imprisonment or fine.
• Notice to the Person: Before making the order absolute, the court must issue a notice to the person who disobeyed the order, giving them an opportunity to explain their non-compliance.
• Hearing: The court will then hold a hearing to consider the person’s explanation and determine whether to make the order absolute.
• Consequence: If the order is made absolute, the person may face the consequences specified in the original order, which could include imprisonment, fine, or other penalties.

3. Illustrate it

Imagine a court orders a person to stop constructing a building on a particular land. However, the person continues construction despite the order. This constitutes disobedience to a court order. The court can then follow the procedure outlined in Section 141, issuing a notice, holding a hearing, and potentially making the order absolute, leading to consequences like stopping the construction and imposing penalties on the person.

4. Common Questions and Answers

What is the difference between a conditional order and an absolute order?

A conditional order gives the person a specific time to comply with the court’s directive. If they fail to comply within that time, the order can be made absolute, meaning it will be enforced without further delay.

What happens if a person is unable to comply with a court order due to circumstances beyond their control?

The person must demonstrate that they made genuine efforts to comply and were unable to do so due to circumstances beyond their control. They can present evidence to the court to prove their inability to comply. The court may then consider modifying or setting aside the order.