Sections 140, 141 and 142 CrPC: Magistrate's Powers, Consequences of Disobedience and Injunction Pending Inquiry
Sections 140, 141 and 142 of the Code of Criminal Procedure, 1973 formed part of the statutory procedure relating to public nuisances. They dealt respectively with directions for a local investigation, enforcement after a conditional order became absolute, and urgent interim injunctions pending inquiry.
Section 140 CrPC - Power of Magistrate to Furnish Written Instructions
Section 140 supplemented the power under Section 139 CrPC to direct a local investigation or examine an expert. Its purpose was to enable the Magistrate to guide the investigation and allocate its necessary expenses.
Section 140(1): Where the Magistrate directs a local investigation by any person under Section 139, the Magistrate may furnish that person with written instructions considered necessary for guidance and may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
Section 140(2): The report of the person conducting the local investigation may be read as evidence in the case.
Section 140(3): Where the Magistrate summons and examines an expert under Section 139, the Magistrate may direct by whom the costs of summoning and examining the expert shall be paid.
Meaning and effect of Section 140
The provision supported fact-finding in proceedings concerning public nuisance. Written instructions could define the scope of a local investigation, while the resulting report was expressly capable of being read in evidence. The section also empowered the Magistrate to determine responsibility for investigation or expert costs.
Section 141 CrPC - Procedure When an Order Is Made Absolute and Consequences of Disobedience
Section 141 prescribed the next steps after an order was made absolute under Section 136 or Section 138 CrPC. It required notice, fixed a period for compliance and provided a mechanism for execution when the required act was not performed.
Section 141(1): After an order is made absolute, the Magistrate must notify the person against whom it was made, require performance of the directed act within the time fixed in the notice, and inform that person of the statutory consequence of disobedience.
Section 141(2): If the act is not performed within the fixed time, the Magistrate may cause it to be performed and recover the costs through the modes provided in the section, including sale or distress and sale of specified property, subject to the jurisdictional procedure stated there.
Section 141(3): No suit lies in respect of anything done in good faith under the section.
Under the pre-BNSS framework, subsection (1) referred to the penalty under Section 188 of the Indian Penal Code, 1860 for disobedience to an order duly promulgated by a public servant.
Section 142 CrPC - Injunction Pending Inquiry
Section 142 addressed urgent situations arising while a proceeding under Section 133 CrPC was still being determined. It enabled immediate preventive action where delay could expose the public to imminent danger or serious injury.
Section 142(1): If a Magistrate making an order under Section 133 considers that immediate measures are necessary to prevent imminent danger or injury of a serious kind to the public, the Magistrate may issue an injunction to the person against whom the order was made, requiring what is necessary to prevent the danger or injury pending determination of the matter.
Section 142(2): If the person does not forthwith obey the injunction, the Magistrate may use, or cause to be used, such means as considered fit to obviate the danger or prevent the injury.
Section 142(3): No suit lies in respect of anything done in good faith by a Magistrate under this section.
Nature of the interim power
The power under Section 142 was preventive and interim. It operated pending final determination of the public-nuisance proceeding and depended on the Magistrate considering immediate measures necessary to avert imminent danger or serious injury to the public.
How Sections 140, 141 and 142 Worked Together
These provisions addressed different stages of the public-nuisance process. Section 140 assisted inquiry and evidence-gathering; Section 141 dealt with compliance and execution after an order became absolute; and Section 142 supplied an urgent interim remedy while the inquiry was pending.
Corresponding Provisions Under BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 reorganised the numbering of these provisions. The corresponding provisions are Section 159 (power to furnish written instructions, etc.), Section 160 (procedure on order being made absolute and consequences of disobedience), and Section 161 (injunction pending inquiry).
Official legislation: India Code.