Section 141 CrPC: Procedure on order being made absolute and consequences of disobedience

Code of Criminal Procedure, 1973

Section 141 CrPC at a Glance

Section 141 CrPC deals with procedure on order being made absolute and consequences of disobedience. From 1 July 2024 it is replaced by Section 160 BNSS.

Now BNSS

Section 160 →

What Section 141 CrPC Says

141. Procedure on order being made absolute and consequences of disobedience
(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 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 141, Code of Criminal Procedure, 1973

Section 141 CrPC in Simple Words

Section 141 of the Code of Criminal Procedure, 1973 deals with an order that has been made absolute under Section 136 or Section 138 of the Code. 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 a time to be fixed in the notice.

The notice informs the person that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code. 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 141.

When Section 141 CrPC Applies

When an order has been made absolute under Section 136 or Section 138 of the Code, the Magistrate shall give notice of the order to the person against whom it was made.
Under Section 141(2), if the act is not performed within the time fixed, the Magistrate may cause it to be performed.
Under Section 141(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 141(3), no suit shall lie in respect of anything done in good faith under Section 141.

Time Limits Under Section 141 CrPC

The person is required to perform the act directed by the order within a time to be fixed in the notice.Act text: “require him to perform the act directed by the order within a time to be fixed in the notice”

Example of Section 141 CrPC

A Magistrate has made an order against Rajesh absolute under Section 138 of the Code. Under Section 141(1) CrPC, the Magistrate shall give notice of the order to Rajesh, require Rajesh to perform the act directed by the order within a time to be fixed in the notice, and inform Rajesh that, in case of disobedience, Rajesh will be liable to the penalty provided by section 188 of the Indian Penal Code. Rajesh does not perform the act within the time fixed. Under Section 141(2) CrPC, the Magistrate may cause the act to be performed and may recover the costs of performing it by the sale of any building, goods or other property removed by the order.

When Section 141 CrPC Does Not Apply

Section 141 CrPC speaks of an order made absolute under Section 136 or Section 138. It does not deal with an order in urgent cases of nuisance or apprehended danger, which is the subject of Section 144 CrPC.
Section 141(1) CrPC speaks of the penalty provided by section 188 of the Indian Penal Code. It does not deal with the offence itself, which is titled Disobedience to order duly promulgated by public servant in section 188 of the Indian Penal Code.

Section 141 CrPC Under BNSS 160: What Changed

Section 141 CrPC is now covered under Section 160 BNSS.

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.

View detailed comparison (CrPC 141 vs BNSS 160) →

FAQs on Section 141 CrPC

What must the Magistrate do under Section 141(1) CrPC once an order has been made absolute?▼

When an order has been made absolute under Section 136 or Section 138 of the Code of Criminal Procedure, 1973, 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 a time to be fixed in the notice, and inform that person that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code.

What may the Magistrate do under Section 141(2) CrPC 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 141(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 141(3) CrPC say about suits?▼

Section 141(3) says that no suit shall lie in respect of anything done in good faith under Section 141.

Where is Section 141 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 141 CrPC is found in Section 160 BNSS. Section 141(1) CrPC is found in Section 160(1) BNSS, Section 141(2) CrPC in Section 160(2) BNSS and Section 141(3) CrPC in Section 160(3) BNSS.

Have questions about Section 141 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·