Injunction pending inquiry
Section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with injunction pending inquiry. 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 The Act came into force on 01 Jul 2024.
(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.
Section 161, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 142 Injunction pending inquiry Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Life Group Developers vs State of Kerala
Decided under Code of Criminal Procedure 142, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A conditional order under Section 133 Cr.P.C cannot be construed as a composite order under both Section 133 and Section 142 Cr.P.C. A formal order under Section 142 Cr.P.C is necessary and mandatory to direct the cessation of construction activities or other ongoing actions. The Sub Divisional Magistrate cannot achieve the result of Section 142 Cr.P.C by attempting to read such directions into a conditional order under Section 133 Cr.P.C. An order directing police to stop construction without a formal order under Section 142 Cr.P.C is illegal and unjustified.
On this section: Order to stop or prevent commission of offence - The court held that a formal order under this section is necessary to direct the cessation of construction activities. The Sub Divisional Magistrate cannot achieve the result of Section 142 without formally invoking this section.
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Bharti Hexacom LTD vs Union of India
Decided under Code of Criminal Procedure 142, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an administrative order issued as an interim measure under Section 142 CrPC is subsequently superseded by revised government guidelines and the affected party obtains proper authorization and complies with the new regulatory framework, the earlier order loses its sanctity and can be quashed by the court, as the party is now operating in accordance with law.
On this section: The impugned order was passed under Section 142 CrPC as an interim measure requiring removal of mobile tower and generator. The court examined whether such an interim measure could retain validity after regulatory changes and fresh authorization.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 161
What have the courts held on Section 161 of the Bharatiya Nagarik Suraksha Sanhita?
Life Group Developers vs State of Kerala (04 Dec 2008) is the leading judgment on this section among those set out below, though it was decided under CRPC 142, which this section replaced -- the court never mentioned this Act: Order to stop or prevent commission of offence - The court held that a formal order under this section is necessary to direct the cessation of construction activities. The Sub Divisional Magistrate cannot achieve the result of Section 142 without formally invoking this section. Another 1 judgment on this section is set out below. They run from 2008 to 2025.
How do I find court cases under Section 161 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 161, section 161 BNSS, section 161 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 161 crpc and bns 161 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Life Group Developers vs State of Kerala (04 Dec 2008).
What should I read with Section 161 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 152 (Conditional order for removal of nuisance), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 142 (Injunction pending inquiry), so the judgments decided under that provision are the case law on this one.
When did Section 161 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 161 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 161, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.