BNSS Section 161 — Injunction pending inquiry

CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — B.—Public nuisances

Criminal

Summary

If a Magistrate has already issued an order to prevent a public nuisance, and believes that immediate action is needed to stop serious danger or injury to the public, the Magistrate can also issue an injunction—a court order requiring a person to take or stop a specific action—until the matter is fully decided. If that person does not obey the injunction right away, the Magistrate can take whatever steps are necessary to prevent the danger or injury. No one can sue the Magistrate for anything done in good faith under this section.

Official Text

(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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