Section 161 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 161 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, titled "Injunction pending inquiry," empowers a Magistrate to take immediate action to prevent serious public harm during an ongoing inquiry
📜 Text of Section 161
Section 161: 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 injury pending the determination of the matter.
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.
No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
This provision is part of Chapter 11 of the BNSS, 2023, which deals with the maintenance of public order and tranquillity, including unlawful assemblies and public nuisances.
⚖️ Comparison with the Code of Criminal Procedure (Cr.P.C.)
Section 161 of the BNSS closely mirrors Section 142 of the Cr.P.C., which also allows a Magistrate to issue an injunction to prevent imminent danger or injury to the public during an inquiry. Both sections grant the Magistrate the authority to take immediate action and provide immunity from lawsuits for actions taken in good faith.
🧭 Practical Implications
In practice, Section 161 enables a Magistrate to swiftly address situations where public safety is at risk, such as during civil disturbances, natural disasters, or other emergencies. The provision ensures that the Magistrate can act decisively to prevent harm while the matter is under investigation or inquiry.
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