CrPC Forms 22, 23 and 24: Sections 142, 143 and 144
Forms 22, 23 and 24 in the Second Schedule to the Code of Criminal Procedure, 1973 (CrPC) dealt with preventive orders concerning public nuisance, imminent danger, obstruction, riot and affray. This page presents the forms in their pre-BNSS legal context and explains the provisions to which they referred.
Meaning of Sections 142, 143 and 144 of the CrPC
Section 142 - Injunction pending inquiry
Section 142 empowered a Magistrate who had made an order under section 133 to issue an injunction where immediate measures were considered necessary to prevent imminent danger or serious injury to the public while the matter was still under determination. If the person concerned failed to obey the injunction forthwith, the Magistrate could take or cause measures to be taken to prevent the danger or injury.
Section 143 - Prohibition of repetition or continuance of public nuisance
Section 143 empowered the District Magistrate, Sub-divisional Magistrate, or another Executive Magistrate duly empowered for the purpose, to order a person not to repeat or continue a public nuisance as defined under the law then applicable or under a special or local law.
Section 144 - Urgent cases of nuisance or apprehended danger
Section 144 empowered specified Executive Magistrates, where sufficient ground existed and immediate prevention or speedy remedy was desirable, to issue a written order directing a person to abstain from a particular act or to take specified action concerning property in that person's possession or management. The provision was directed to preventing obstruction, annoyance, injury, danger to human life, health or safety, disturbance of public tranquillity, riot or affray.
Form No. 22 - Injunction to Provide Against Imminent Danger Pending Inquiry
See section 142
To __________ (name, description and address).
WHEREAS the inquiry into the conditional order issued by me on the __________ day of __________, 20__________, is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 142 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to __________ (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Form No. 23 - Magistrate's Order Prohibiting the Repetition, etc., of a Nuisance
See section 143
To __________ (name, description and address).
WHEREAS it has been made to appear to me that, etc. __________ (state the proper recital, guided by Form No. 20 or Form No. 24, as the case may be);
I do hereby strictly order and enjoin you not to repeat or continue the said nuisance.
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Form No. 24 - Magistrate's Order to Prevent Obstruction, Riot, etc.
See section 144
To __________ (name, description and address).
WHEREAS it has been made to appear to me that you are in possession (or have the management) of __________ (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road;
or
WHEREAS it has been made to appear to me that you and a number of other persons __________ (mention the class of persons) are about to meet and proceed in a procession along the public street, etc. (as the case may be), and that such procession is likely to lead to a riot or an affray;
or
WHEREAS, etc., etc. (as the case may be);
I do hereby order you not to place or permit to be placed any of the earth or stones dug from the land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Use of these forms before BNSS
These prescribed forms supported the preventive jurisdiction under Chapter X of the CrPC. Form 22 related to temporary protection while an inquiry concerning a public nuisance was pending; Form 23 addressed repetition or continuance of a nuisance; and Form 24 provided a model order for urgent preventive directions under section 144.
Legal forms should be adapted to the facts, applicable local amendments and the law governing the proceeding. For current proceedings, verify whether the CrPC or the Bharatiya Nagarik Suraksha Sanhita, 2023 applies.