Section 142 CrPC: Injunction Pending Inquiry
1. Code
Section 142 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to issue an injunction pending inquiry.
2. Explanation
This section empowers a Magistrate to issue an injunction, which is a court order prohibiting a person from doing a particular act, during the pendency of an inquiry. This is done to prevent the continuation or repetition of the alleged offense or to preserve evidence relevant to the inquiry.
The Magistrate can issue such an injunction only if he is satisfied that:
- An inquiry is pending before him.
- There is a strong reason to believe that the continuation or repetition of the alleged offense would cause serious harm to the public or an individual.
- The injunction is necessary to prevent the dissipation of evidence or the obstruction of justice.
3. Illustration
Imagine a case where a person is accused of illegally dumping hazardous waste into a river. If a Magistrate believes that this act could cause serious harm to the environment and the public health, he may issue an injunction under Section 142 CrPC, prohibiting the accused from continuing the dumping activities until the inquiry is completed.
4. Common Questions and Answers
Q: What is the purpose of Section 142 CrPC?
A: The purpose is to safeguard public interest and ensure a fair and effective inquiry by preventing the continuation or repetition of the alleged offense and preserving evidence.
Q: Who can issue an injunction under Section 142 CrPC?
A: A Magistrate can issue such an injunction only if there is a pending inquiry before him.
Q: What are the grounds for issuing an injunction under Section 142 CrPC?
A: The Magistrate must be satisfied that the continuation or repetition of the alleged offense would cause serious harm and that the injunction is necessary to prevent the dissipation of evidence or the obstruction of justice.
Q: Can the accused challenge an injunction under Section 142 CrPC?
A: Yes, the accused can challenge the injunction by filing an appeal or by seeking a modification of the injunction.
