Section 160 of BNSS : Section 160: Procedure on order being made absolute and consequences of disobedience.

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:

1. Order Made Absolute: The Magistrate issues an order under Section 155 directing Rajesh to remove the illegal construction within 30 days.
2. 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.
3. Disobedience: Rajesh does not remove the construction within the 30 days.
4. Magistrate's Action: The Magistrate arranges for the removal of the illegal construction and incurs costs for the same.
5. 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:

1. Order Made Absolute: The Magistrate issues an order under Section 157 directing Mehta Industries to install noise control measures within 60 days.
2. Notice Given: The Magistrate gives notice to the factory owner, Mr. Mehta, informing him of the order and the requirement to install noise control measures within the specified time. Mr. Mehta is also informed that failure to comply will result in penalties under Section 223 of the Bharatiya Nyaya Sanhita, 2023.
3. Disobedience: Mr. Mehta does not install the noise control measures within the 60 days.
4. Magistrate's Action: The Magistrate arranges for the installation of noise control measures and incurs costs for the same.
5. Cost Recovery: The Magistrate recovers the costs by selling some of the factory's movable property, such as machinery, within the local jurisdiction. If necessary, the Magistrate can also authorize the attachment and sale of the factory's property outside the local jurisdiction.

Example 3:

Scenario: Unhygienic Conditions in a Restaurant

Context: A restaurant owned by Priya is found to be maintaining unhygienic conditions, posing a health risk to customers.

Application of Section 160:

1. Order Made Absolute: The Magistrate issues an order under Section 155 directing Priya to clean and sanitize the restaurant within 15 days.
2. Notice Given: The Magistrate gives notice to Priya, informing her of the order and the requirement to clean and sanitize the restaurant within the specified time. Priya is also informed that failure to comply will result in penalties under Section 223 of the Bharatiya Nyaya Sanhita, 2023.
3. Disobedience: Priya does not clean and sanitize the restaurant within the 15 days.
4. Magistrate's Action: The Magistrate arranges for the cleaning and sanitization of the restaurant and incurs costs for the same.
5. Cost Recovery: The Magistrate recovers the costs by selling some of the restaurant's movable property, such as kitchen equipment, within the local jurisdiction. If necessary, the Magistrate can also authorize the attachment and sale of the restaurant's property outside the local jurisdiction.