Procedure on order being made absolute and consequences ofdisobedience
Section 141 of the Code of Criminal Procedure, 1973 deals with procedure on order being made absolute and consequences ofdisobedience. Procedure on order being made absolute and consequences of disobedience. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Procedure on order being made absolute and consequences of disobedience.
(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.
Section 141, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 160 Procedure on order being made absolute and consequences of disobedience Text carried over almost unchanged 91%
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 The repealed enactment still governs what happened while it was in force.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.
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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P.p.hamsa vs M.n.kunharamutty Haji
Court's Decision & Legal Precedent
Under the scheme of Chapter XB Cr.P.C., an order under section 141 Cr.P.C. consequent on disobedience of a final order under section 138 Cr.P.C. can be passed only against the person against whom the final order under section 138 was passed. A tenant in actual possession of a building is a necessary party to proceedings under section 133 Cr.P.C., and no order can be effectively passed without giving notice to the occupant. Therefore, an order passed against a landlord cannot be enforced against a tenant by initiating section 141 proceedings unless a separate final order under section 138 has been passed in proceedings where the tenant was also a party.
On this section: Section 141 Cr.P.C. provides for punishment for disobedience of orders under Chapter XB. The court held that section 141 proceedings can only be initiated against the person against whom the final order under section 138 was passed, not against third parties like tenants.
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Raju Pundhir @ Raju Singh Pundhir vs State of U.p.and Another
Court's Decision & Legal Precedent
An order passed under Section 133 CrPC for removal of nuisance must be preceded by an opportunity to the affected person to appear and show cause under Section 135 CrPC, and the Executive Magistrate must follow the procedure prescribed under Sections 134-140 CrPC before passing a final order under Section 141 CrPC. Failure to provide such opportunity and follow the prescribed procedure renders the order violative of natural justice and liable to be quashed by the High Court under Section 482 CrPC.
On this section: Final order to be passed by Executive Magistrate after following prescribed procedure
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P.srinivasa Rao vs The Mandal Executive Magistrate-cum-mandal Revenue
Court's Decision & Legal Precedent
When an industrial unit has obtained prior permissions from all competent authorities after they have considered potential nuisance and prescribed specific mitigation measures, a magistrate's order under Section 141 Cr.P.C. directing relocation of the unit cannot be sustained if the unit is complying with the prescribed conditions. The magistrate must consider and give weight to prior administrative approvals and the specific pollution control measures mandated by regulatory authorities before ordering relocation of an industrial establishment.
On this section: Applied by magistrate to issue final order dated May 8, 2003 directing relocation of rice mill; this is the impugned order subject to revision
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 141
What have the courts held on Section 141 of the Code of Criminal Procedure?
P.p.hamsa vs M.n.kunharamutty Haji (01 Oct 2007) is the leading judgment on this section among those set out below: Section 141 Cr.P.C. provides for punishment for disobedience of orders under Chapter XB. The court held that section 141 proceedings can only be initiated against the person against whom the final order under section 138 was passed, not against third parties like tenants. Another 2 judgments on this section are set out below. They run from 2007 to 2022.
How do I find court cases under Section 141 of the Code of Criminal Procedure?
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: CRPC 141, section 141 CRPC, section 141 of the Code of Criminal Procedure. People searching for it also type crpc 141 in bnss and 141 crpc notice. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with P.p.hamsa vs M.n.kunharamutty Haji (01 Oct 2007).
What should I read with Section 141 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 136 (Consequences of his failing to do so), section 138 (Procedure where he appears to show cause), Indian Penal Code 188 (Disobedience to order duly promulgated by public servant), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 160 (Procedure on order being made absolute and consequences of disobedience), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 141 of the Code of Criminal Procedure come into force?
Section 141 of the Code of Criminal Procedure, cited as CRPC 141, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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