Section 160 BNSS: Procedure on order being made absolute and consequences of disobedience
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 160 BNSS at a Glance
Section 160 BNSS deals with procedure on order being made absolute and consequences of disobedience. It replaced Section 141 CrPC on 1 July 2024.
Section 160 BNSS Bare Act Text
(1) When an order has been made absolute under section 155 or section 157, 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 the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
(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 Magistrate's 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.
Source: Section 160, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 160 BNSS in Simple Words
Section 160 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an order that has been made absolute under Section 155 or Section 157 of the Sanhita. The Magistrate shall give notice of the order to the person against whom it was made and require that person to perform the act directed by the order within the time to be fixed in the notice.
The notice informs the person that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. If the act is not performed within the time fixed, the Magistrate may cause it to be performed and may recover the costs of performing it.
No suit shall lie in respect of anything done in good faith under Section 160.
When Section 160 BNSS Applies
- When an order has been made absolute under Section 155 or Section 157 of the Sanhita, the Magistrate shall give notice of the order to the person against whom it was made.
- Under Section 160(2), if the act is not performed within the time fixed, the Magistrate may cause it to be performed.
- Under Section 160(2), the Magistrate may recover the costs of performing the act 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 that person within or without his local jurisdiction.
- If the other movable property is without the local jurisdiction of the Magistrate, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.
- Under Section 160(3), no suit shall lie in respect of anything done in good faith under Section 160.
Time Limits Under Section 160 BNSS
- The person is required to perform the act directed by the order within the time to be fixed in the notice.Act text: “require him to perform the act directed by the order within the time to be fixed in the notice”
Example of Section 160 BNSS
When Section 160 BNSS Does Not Apply
- Section 160 BNSS speaks of an order made absolute under Section 155 or Section 157. It does not deal with an order in urgent cases of nuisance or apprehended danger, which is the subject of Section 163 BNSS.
- Section 160(1) BNSS speaks of the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. It does not deal with the offence itself, which is titled Disobedience to order duly promulgated by public servant in section 223 of that Sanhita.
Section 160 BNSS in the CrPC (Previous Law)
Section 160 BNSS replaced Section 141 CrPC from 1 July 2024.
From 1 July 2024, Section 160 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 141 of the Code of Criminal Procedure, 1973, with the same heading. Section 160(1) BNSS reads section 155 or section 157 where Section 141(1) CrPC read section 136 or section 138. Section 160(1) BNSS reads he shall be liable where Section 141(1) CrPC read he will be liable. Section 160(1) BNSS refers to section 223 of the Bharatiya Nyaya Sanhita, 2023 where Section 141(1) CrPC referred to section 188 of the Indian Penal Code. Section 160(2) BNSS and Section 160(3) BNSS have the same text as Section 141(2) CrPC and Section 141(3) CrPC.
Each sub-section below names its own source.
FAQs on Section 160 BNSS
What must the Magistrate do under Section 160(1) BNSS once an order has been made absolute?▼
When an order has been made absolute under Section 155 or Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall give notice of the order to the person against whom it was made. The Magistrate shall further require that person to perform the act directed by the order within the time to be fixed in the notice, and inform that person that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
What may the Magistrate do under Section 160(2) BNSS if the act is not performed within the time fixed?▼
The Magistrate may cause the act to be performed and may recover the costs of performing it. Section 160(2) provides for recovery either by the sale of any building, goods or other property removed by the order of the Magistrate, or by the distress and sale of any other movable property of that person within or without the local jurisdiction of the Magistrate.
What does Section 160(3) BNSS say about suits?▼
Section 160(3) says that no suit shall lie in respect of anything done in good faith under Section 160.
What changed from Section 141 CrPC to Section 160 BNSS from 1 July 2024?▼
From 1 July 2024, Section 160 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 141 of the Code of Criminal Procedure, 1973, with the same heading. Section 160(1) BNSS reads section 155 or section 157 where Section 141(1) CrPC read section 136 or section 138. Section 160(1) BNSS reads he shall be liable where Section 141(1) CrPC read he will be liable. Section 160(1) BNSS refers to section 223 of the Bharatiya Nyaya Sanhita, 2023 where Section 141(1) CrPC referred to section 188 of the Indian Penal Code. Section 160(2) BNSS and Section 160(3) BNSS have the same text as Section 141(2) CrPC and Section 141(3) CrPC.
Section 160 BNSS: Sub-sections Explained
Section 160(1) BNSS: Procedure on order being made absolute and consequences of disobedience
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Bare Act Text
(1) When an order has been made absolute under section 155 or section 157, 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 the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
Section 160(2) BNSS: Procedure on order being made absolute and consequences of disobedience
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Bare Act Text
(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 Magistrate's 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.
Section 160(3) BNSS: Procedure on order being made absolute and consequences of disobedience
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Bare Act Text
(3) No suit shall lie in respect of anything done in good faith under this section.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·