Section 160 BNSS: Procedure after an order becomes absolute and consequences of disobedience
Section 160 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out what happens after a conditional order relating to public nuisance has become absolute under Section 155 or Section 157. It requires notice to the person concerned, fixes a period for compliance, warns of the penalty under Section 223 of the Bharatiya Nyaya Sanhita, 2023, and permits the Magistrate to enforce the required act and recover the resulting costs if the person does not comply.
Section 160 BNSS - statutory text
160. (1) When an order has been made absolute under section 155 or section 157, 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 the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
(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.
What Section 160 BNSS means
Section 160 deals with enforcement after the earlier conditional proceeding has reached the stage where the order is made absolute. The Magistrate must first notify the person and provide a fixed time for carrying out the act required by the order. If the person still does not comply, the section authorises practical enforcement and recovery of the costs.
| Stage | Requirement or power | Consequence |
|---|---|---|
| Order made absolute | Magistrate gives notice to the person concerned | Person is formally informed that the order is final under this procedure |
| Compliance period | Notice fixes time to perform the act directed | Person must comply within that period |
| Warning of disobedience | Person is informed of liability under Section 223 BNS | Disobedience may attract the statutory criminal penalty |
| Failure to perform the act | Magistrate may cause the act to be performed | Costs may be recovered from the person |
| Good-faith acts | Section bars a suit for anything done in good faith under it | Statutory protection applies to qualifying good-faith action |
Notice after the order becomes absolute
Once an order has been made absolute under Section 155 BNSS or Section 157 BNSS, the Magistrate must give notice of that fact to the person against whom the order was made. The notice must also specify the time within which the act directed by the order is to be performed.
Penalty for disobedience - Section 223 BNS
Section 160 expressly requires the person to be informed that disobedience may attract the penalty under Section 223 of the Bharatiya Nyaya Sanhita, 2023. Section 223 deals with disobedience to an order duly promulgated by a public servant who is lawfully empowered to issue that order.
Under Section 223 BNS, the punishment varies according to the consequence or risk created by the disobedience. The applicable punishment therefore depends on the statutory conditions proved in the particular case.
Power of Magistrate to have the act performed
If the required act is not performed within the time fixed in the notice, Section 160(2) allows the Magistrate to cause the act to be performed. This gives the order an effective enforcement mechanism and prevents a person from defeating it merely by refusing to comply.
Recovery of enforcement costs
The Magistrate may recover the costs incurred in performing the act. The statute expressly permits recovery by:
- sale of any building, goods or other property removed by the Magistrate's order; or
- distress and sale of other movable property belonging to the person.
The movable property may be situated within or outside the Magistrate's local jurisdiction. Where it is outside that jurisdiction, the attachment and sale require endorsement of the order by the Magistrate within whose local jurisdiction that property is found.
Protection for acts done in good faith
Section 160(3) states that no suit shall lie in respect of anything done in good faith under the section. The protection is therefore tied to good-faith action taken under the statutory authority of Section 160.
Relationship with Sections 152 to 160 BNSS
Section 160 is the enforcement end of the public-nuisance procedure beginning with Section 152 BNSS. The connected provisions deal with service of the conditional order, compliance or showing cause, denial of public right, inquiry, local investigation and expert assistance before the order reaches the stage of final enforcement.
- Section 152 - Conditional order for removal of nuisance.
- Section 153 - Service or notification of order.
- Section 154 - Person to obey or show cause.
- Section 155 - Consequence of failure to comply with Section 154.
- Section 156 - Procedure where existence of public right is denied.
- Section 157 - Inquiry where the person appears and shows cause.
- Section 158 - Local investigation and expert examination.
- Section 159 - Written instructions, expenses and expert costs.
- Section 160 - Enforcement after the order becomes absolute.
Practical points under Section 160
- An absolute order under Section 155 or Section 157 does not immediately bypass notice; Section 160 requires notice and a fixed time for performance.
- The notice must inform the person of possible liability under Section 223 BNS for disobedience.
- If the act is not performed, the Magistrate may arrange performance of the act directly.
- The resulting costs may be recovered through the statutory sale or distress mechanisms.
- Where movable property is outside the Magistrate's jurisdiction, endorsement by the local Magistrate is required for attachment and sale.
- Good-faith acts under Section 160 receive the statutory protection stated in sub-section (3).
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. The official text of the Bharatiya Nyaya Sanhita, 2023 is also available through India Code.
This page provides general legal information. In an actual proceeding, the complete order, notice, proof of service, compliance period, enforcement steps, Section 223 BNS requirements, and relevant judicial decisions should be examined.