Procedure on order being made absolute and consequences of disobedience
AI Assist
Summary
When an order is made absolute the magistrate must notify the person, fix a time to comply, and warn that disobedience will attract the penalty under section 188 of the Indian Penal Code. If the act is not done in time the magistrate may cause it to be done and recover the costs by selling the removed property or distraining and selling other movable property, including by attachment endorsed in another magistrate's jurisdiction. Acts done in good faith under this power are immune from suit.
Example
Priya was ordered to remove a metal gate she had fixed that encroached on a neighbour's courtyard. The magistrate gave her 10 days' notice to remove it and warned that disobedience would attract the penalty under section 188 IPC. She did not act, so the magistrate had the gate removed and recovered costs by selling some of her movable goods; officials acting in good faith could not be sued.
Bare Act
Enacted 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.
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