Procedure on order being made absolute and consequences of disobedience
AI Assist
Summary
When an order becomes absolute under sections 155 or 157, the magistrate must notify the person, fix a time to do the act directed, and warn that disobedience attracts the penalty in section 223. If the act is not done, the magistrate may perform it and recover costs by selling the person’s movable or immovable property, including by endorsing attachment for sale outside his jurisdiction. Acts done in good faith under this section are protected from suit.
Example
Ravi is ordered to remove an illegal shed; once that order is made absolute the magistrate notifies him to remove it within 10 days and warns about the penalty in section 223. Ravi does not remove it, so the magistrate has the shed removed and sells some of Ravi’s movable goods to recover the costs. Ravi cannot sue for actions done in good faith under this section.
Bare Act
Enacted text(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.
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