Chapter X
Section 142 CrPC: Injunction pending inquiry
New Law Update (2024)
Section 159 BNSS
TRIAL COURT
Punishment
Definitional
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If a Magistrate making an order under section 133 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.
Important Sub-Sections Explained
Section 142(1)
This sub-section empowers a Magistrate to issue an immediate injunction against a person if there is an imminent danger or serious injury to the public, pending the full inquiry into a public nuisance matter initiated under Section 133 CrPC. It highlights the urgent nature of the Magistrate’s intervention to ensure public safety.
Section 142(3)
This sub-section grants legal protection to a Magistrate, stating that no lawsuit can be filed against them for any actions taken in good faith under Section 142. This provision ensures that Magistrates can act decisively to prevent danger without fear of subsequent litigation, provided their actions are bona fide.