CrPC Section 141 — Procedure on order being made absolute and consequences of disobedience

Summary

Sub-section (1) When an order under section 136 or section 138 is made absolute, the Magistrate must notify the person it was made against. The notice must require that person to carry out the act directed by the order within the time stated in the notice, and warn that disobedience makes the person liable to the penalty provided by section 188 of the Indian Penal Code.

Sub-section (2) If the person does not carry out the act within the fixed time, the Magistrate may arrange for it to be done and recover the costs. The costs may be recovered by selling any building, goods or other property removed under the Magistrate’s order, or by seizing and selling the person’s other movable property, whether it is within or outside the Magistrate’s local jurisdiction. If that other property is outside the jurisdiction, the order authorises its seizure and sale once it is endorsed by the Magistrate for the area where the property is found.

Sub-section (3) A suit cannot be brought in respect of anything done in good faith under this section.

Official Text

(1) When an order has been made absolute under section 136 or section 138, 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 a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).

(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.

Sections referred to

• CrPC §136 — Consequences of his failing to do so
• CrPC §138 — Procedure where he appears to show cause
• IPC §188 — Disobedience to order duly promulgated by public servant

Related Judgments

• S. P. MANI AND MOHAN DAIRY vs DR.SNEHALATHA ELANGOVAN — Supreme Court of India (2022)
• A. SUBASH BABU vs STATE OF A.P.& ANR — Supreme Court of India (2011)
• VINUBHAI RANCHHODBHAI PATEL vs RAJIVBHAI DUDABHAI PATEL & OTHERS — Supreme Court of India (2018)
• MUNICIPAL COUNCIL, RATLAM vs SHRI VARDHICHAND & ORS — Supreme Court of India (1980)

Old <-> New Code Mapping

• BNSS §160 — Procedure on order being made absolute and consequences of disobedience