B.--Public nuisancesCentral

Section 142 of The Code of Criminal Procedure, 1973

(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.

Summary

A Magistrate can issue an injunction to a person while an inquiry into a public nuisance is pending under the 1973 Code.
This power is used when immediate steps are necessary to prevent imminent danger or serious public injury.
The injunction lasts until the matter is finally decided by the court.
If the person does not obey the injunction, the Magistrate can use physical means to stop the danger.
Magistrates are protected from lawsuits for any actions they take in good faith under this rule.

Practical examples

1A construction worker, Amit, leaves a deep, unfenced pit on a sidewalk. Under Section 142 of The Code of Criminal Procedure, 1973, a Magistrate issues an injunction to cover it immediately while the court holds an inquiry.

2A factory owner, Suresh, is suspected of leaking toxic gas. While the court investigates, the Magistrate uses Section 142 of the criminal law to force Suresh to seal the leak at once.

FAQ

1. What is the main purpose of an injunction under Section 142 of The Code of Criminal Procedure, 1973?

The main purpose is to allow a Magistrate to take immediate steps to prevent imminent danger or serious injury to the public while a formal inquiry into a nuisance is still happening.

2. What happens if a person refuses to follow an order issued under Section 142 of the 1973 Code?

If a person does not obey the injunction, the Magistrate can use whatever means they think are appropriate to stop the danger or prevent the injury.

3. Can a person sue a Magistrate for an order passed under Section 142 of the Code?

No, the law states that no lawsuit can be brought against a Magistrate for anything they do in good faith under this specific section.

Test yourself

Q1.Under Section 142 of The Code of Criminal Procedure, 1973, when can a Magistrate issue an injunction?

Q2.What is the primary condition for a Magistrate to use Section 142 of The Code of Criminal Procedure, 1973?

Q3.If a person defaults on an injunction under Section 142 of the Code of Criminal Procedure, 1973, what can the Magistrate do?

Q4.Under Section 142 of The Code of Criminal Procedure, 1973, what protection is given to a Magistrate?

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