Section 142 CrPC: Injunction pending inquiry

Code of Criminal Procedure, 1973

Section 142 CrPC at a Glance

Section 142 CrPC deals with injunction pending inquiry. From 1 July 2024 it is replaced by Section 161 BNSS.

What Section 142 CrPC Says

142. Injunction pending inquiry

(1) If a Magistrate making an order under section 133 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 142, Code of Criminal Procedure, 1973

Section 142 CrPC in Simple Words

Section 142 of the Code of Criminal Procedure, 1973 deals with an injunction pending inquiry. Under Section 142(1) CrPC, a Magistrate making an order under Section 133 CrPC 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 142(2) CrPC, 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 142(3) CrPC, no suit shall lie in respect of anything done in good faith by a Magistrate under Section 142 CrPC.

When Section 142 CrPC Applies

  • Section 142(1) CrPC applies where a Magistrate making an order under Section 133 CrPC 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 142(2) CrPC 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 142(3) CrPC, no suit shall lie in respect of anything done in good faith by a Magistrate under Section 142 CrPC.

Time Limits Under Section 142 CrPC

  • Section 142(2) CrPC refers to the person forthwith obeying the injunction.Act text: โ€œIn default of such person forthwith obeying such injunctionโ€

Example of Section 142 CrPC

A Magistrate makes an order under Section 133 CrPC against Gopal. The Magistrate considers that immediate measures should be taken to prevent imminent danger of a serious kind to the public. Under Section 142(1) CrPC, the Magistrate may issue to Gopal such an injunction as is required to prevent that danger pending the determination of the matter. If Gopal does not forthwith obey the injunction, the Magistrate may use, or cause to be used, such means as the Magistrate thinks fit under Section 142(2) CrPC.

When Section 142 CrPC Does Not Apply

  • Section 142 CrPC 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 141 CrPC addresses.
  • Section 142 CrPC speaks of an injunction by a Magistrate making an order under Section 133 CrPC. It does not deal with an order prohibiting the repetition or continuance of a public nuisance, which Section 143 CrPC addresses.

Section 142 CrPC Under BNSS 161: What Changed

Section 142 CrPC is now covered under Section 161 BNSS.

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.

View detailed comparison (CrPC 142 vs BNSS 161) โ†’

FAQs on Section 142 CrPC

When may a Magistrate issue an injunction under Section 142(1) CrPC?โ–ผ

A Magistrate making an order under Section 133 CrPC 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 142(2) CrPC if the injunction is not obeyed?โ–ผ

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 142 CrPC?โ–ผ

No suit shall lie in respect of anything done in good faith by a Magistrate under Section 142 CrPC.

Where is Section 142 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 142(1) CrPC is found in Section 161(1) BNSS, Section 142(2) CrPC in Section 161(2) BNSS and Section 142(3) CrPC in Section 161(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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

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