Section 160 of BNSS : Section 160: Procedure on order being made absolute and consequences of disobedience.
BNSS
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Explanation using Example
Example 1:
Scenario: Illegal Construction Blocking Public Road
Context: Rajesh has constructed an illegal extension to his shop that encroaches on a public road, causing inconvenience to the public.
Application of Section 160:
- Order Made Absolute: The Magistrate issues an order under Section 155 directing Rajesh to remove the illegal construction within 30 days.
- Notice Given: The Magistrate gives notice to Rajesh, informing him of the order and the requirement to remove the construction within the specified time. Rajesh is also informed that failure to comply will result in penalties under Section 223 of the Bharatiya Nyaya Sanhita, 2023.
- Disobedience: Rajesh does not remove the construction within the 30 days.
- Magistrate's Action: The Magistrate arranges for the removal of the illegal construction and incurs costs for the same.
- Cost Recovery: The Magistrate recovers the costs by selling some of Rajesh's movable property, such as goods from his shop, within the local jurisdiction. If necessary, the Magistrate can also authorize the attachment and sale of Rajesh's property outside the local jurisdiction.
Example 2:
Scenario: Noise Pollution from a Factory
Context: A factory owned by Mehta Industries is causing excessive noise, disturbing the peace of a nearby residential area.
Application of Section 160:
- Order Made Absolute: The ...
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