Section 161 BNSS: Injunction pending inquiry
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 161 BNSS at a Glance
Section 161 BNSS deals with injunction pending inquiry. It replaced Section 142 CrPC on 1 July 2024.
Section 161 BNSS Bare Act Text
(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Source: Section 161, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 161 BNSS in Simple Words
Section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an injunction pending inquiry. Under Section 161(1) BNSS, a Magistrate making an order under Section 152 BNSS who considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public may issue such an injunction to the person against whom the order was made as is required to obviate or prevent such danger or injury pending the determination of the matter.
Under Section 161(2) BNSS, if the person does not forthwith obey the injunction, the Magistrate may use, or cause to be used, such means as the Magistrate thinks fit to obviate the danger or prevent the injury. Under Section 161(3) BNSS, no suit shall lie in respect of anything done in good faith by a Magistrate under Section 161 BNSS.
When Section 161 BNSS Applies
- Section 161(1) BNSS applies where a Magistrate making an order under Section 152 BNSS considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public.
- The Magistrate may issue such an injunction to the person against whom the order was made as is required to obviate or prevent such danger or injury pending the determination of the matter.
- Section 161(2) BNSS applies in default of the person forthwith obeying the injunction. The Magistrate may use, or cause to be used, such means as the Magistrate thinks fit to obviate such danger or to prevent such injury.
- Under Section 161(3) BNSS, no suit shall lie in respect of anything done in good faith by a Magistrate under Section 161 BNSS.
Time Limits Under Section 161 BNSS
- Section 161(2) BNSS refers to the person forthwith obeying the injunction.Act text: “In default of such person forthwith obeying such injunction”
Example of Section 161 BNSS
When Section 161 BNSS Does Not Apply
- Section 161 BNSS speaks of an injunction issued pending the determination of the matter. It does not deal with the procedure on an order being made absolute and the consequences of disobedience, which Section 160 BNSS addresses.
- Section 161 BNSS speaks of an injunction by a Magistrate making an order under Section 152 BNSS. It does not deal with an order prohibiting the repetition or continuance of a public nuisance, which Section 162 BNSS addresses.
Section 161 BNSS in the CrPC (Previous Law)
Section 161 BNSS replaced Section 142 CrPC from 1 July 2024.
Section 161 BNSS has the same heading and the same text as Section 142 CrPC. Section 161(1) BNSS refers to Section 152 BNSS where Section 142(1) CrPC referred to Section 133 CrPC.
Each sub-section below names its own source.
FAQs on Section 161 BNSS
When may a Magistrate issue an injunction under Section 161(1) BNSS?▼
A Magistrate making an order under Section 152 BNSS who considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public may issue an injunction to the person against whom the order was made.
What may the Magistrate do under Section 161(2) BNSS if the injunction is not obeyed?▼
In default of the person forthwith obeying the injunction, the Magistrate may use, or cause to be used, such means as the Magistrate thinks fit to obviate the danger or to prevent the injury.
Does a suit lie for anything done by a Magistrate under Section 161 BNSS?▼
No suit shall lie in respect of anything done in good faith by a Magistrate under Section 161 BNSS.
What changed from Section 142 CrPC to Section 161 BNSS from 1 July 2024?▼
Section 161 BNSS has the same heading and the same text as Section 142 CrPC. Section 161(1) BNSS refers to Section 152 BNSS where Section 142(1) CrPC referred to Section 133 CrPC.
Section 161 BNSS: Sub-sections Explained
Section 161(1) BNSS: Injunction pending inquiry
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Bare Act Text
(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
Section 161(2) BNSS: Injunction pending inquiry
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Bare Act Text
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
Section 161(3) BNSS: Injunction pending inquiry
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Bare Act Text
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·