Code
(1) When an order has been made absolute under section 136 or section 138, 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 a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs 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 Magistrates 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.
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.
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.
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.
