Section 142 CrPC: Injunction Pending Inquiry - Section 161 BNSS
Section 142 of the Code of Criminal Procedure, 1973 empowered a Magistrate to issue an urgent interim injunction to prevent imminent serious danger or injury to the public while a public nuisance inquiry was pending. The corresponding current provision is Section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What is an injunction pending inquiry?
An injunction is a legal direction requiring a person to do something or refrain from an act. An injunction pending inquiry under this provision is a temporary preventive measure made before the Magistrate finally determines the underlying public nuisance proceeding. Its object is immediate public protection, not punishment or final adjudication.
The provision is linked to a conditional order for removal of a public nuisance under Section 133 CrPC, now Section 152 BNSS. A serious and imminent public danger may require urgent action before the regular inquiry concludes.
Section 142 CrPC: Statutory provision
Section 142(1): If a Magistrate making an order under Section 133 considers immediate measures necessary to prevent imminent danger or serious injury to the public, the Magistrate may issue an injunction to the person concerned, requiring action to prevent that danger or injury pending determination of the matter.
Section 142(2): If that person does not obey the injunction forthwith, the Magistrate may personally take, or arrange for, such measures as considered fit to prevent the danger or injury.
Section 142(3): No suit lies in respect of anything done in good faith by a Magistrate under this section.
Section 161 BNSS: Current legal provision
Section 161 BNSS, titled Injunction pending inquiry, substantially carries forward the three-part protection in Section 142 CrPC. The principal cross-reference is now Section 152 BNSS instead of Section 133 CrPC.
Sub-section (1) - Urgent injunction: Where a Magistrate making an order under Section 152 BNSS considers that immediate measures are required to prevent imminent danger or injury of a serious kind to the public, the Magistrate may issue an injunction against the person to whom the conditional order was directed, pending determination of the matter.
Sub-section (2) - Action following disobedience: If the person does not comply forthwith, the Magistrate may use or cause to be used appropriate means to prevent the danger or injury.
Sub-section (3) - Good-faith protection: A suit cannot be maintained in respect of acts done in good faith by a Magistrate under this section.
Read the official BNSS chapter text published by NCRB or the Bureau of Police Research and Development BNSS reference PDF for the legislative wording.
When may the Magistrate issue an injunction?
- A conditional order relating to a public nuisance has been made under Section 152 BNSS (formerly Section 133 CrPC).
- The Magistrate considers that the circumstances present imminent danger or injury of a serious kind to the public.
- Immediate preventive measures are considered necessary while the underlying matter remains under inquiry.
- The injunction is addressed to the person against whom the conditional order was made and is directed toward preventing the identified danger or injury.
The power is preventive and tied to the pending nuisance proceeding. It should not be confused with the distinct emergency-order power under Section 163 BNSS (formerly Section 144 CrPC).
What happens if the injunction is disobeyed?
Section 161(2) BNSS permits the Magistrate to take or arrange measures considered fit to avert the identified danger or prevent injury if the addressee fails to obey the injunction immediately. The provision itself concerns practical emergency prevention; any separate criminal liability must be assessed under the applicable penal law and facts.
Protection for acts done in good faith
Section 161(3) BNSS provides that no suit shall lie in respect of anything done in good faith by a Magistrate under this section. This is a statutory protection tied to good-faith action under the provision, not an unrestricted exemption for every act or a bar on all forms of legal scrutiny.
CrPC and BNSS section references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Conditional order for removal of nuisance | Section 133 | Section 152 |
| Injunction pending inquiry | Section 142 | Section 161 |
| Procedure on order being made absolute | Section 141 | Section 160 |
| Prohibition of repetition of public nuisance | Section 143 | Section 162 |
| Urgent orders in cases of nuisance or apprehended danger | Section 144 | Section 163 |
Practical example
Suppose an unsafe structure adjoining a busy public road poses an immediate risk of collapse. During proceedings concerning removal of the nuisance, the Magistrate may, if the statutory conditions are met, direct temporary safeguards to prevent serious injury. If the person directed does not comply forthwith, the Magistrate may arrange measures to address the immediate risk under Section 161(2) BNSS.
Frequently asked questions
Is Section 142 CrPC still the current provision?
For proceedings governed by the BNSS, the corresponding provision is Section 161 BNSS. Earlier or pending proceedings may require examination of Section 531 BNSS and the relevant commencement and savings rules.
Can the Magistrate act before the inquiry ends?
Yes. The purpose of the section is to prevent imminent serious danger or injury to the public pending determination of the matter.
Does the injunction finally decide whether a nuisance exists?
No. It is an interim preventive direction; the underlying proceedings must be determined according to the applicable statutory procedure.
Official legal references
- National Crime Records Bureau - BNSS chapter-wise statutory text
- Bureau of Police Research and Development - BNSS reference text
- India Code - Central legislation portal
This article is general legal information. The applicable procedure and remedies depend on the facts, commencement provisions and procedural history of each case.