Section 153 BNSS: Service or notification of order (Formerly Section 134 CrPC)

Section 153 of Bharatiya Nagarik Suraksha Sanhita, 2023: Service or notification of order

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of summons.

(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 153

Section 153 mandates that the person against whom a conditional order under Section 152 is made shall either perform the act directed within the time specified, or appear before the Magistrate and show cause against the same.

Two Statutory Options: The noticee must: (1) perform the act directed (e.g., demolish dilapidated wall, cease chemical discharge); OR (2) appear and show cause.
Specified Time Window: Must act within the time specified in the order, or apply for an extension on reasonable grounds.
Appearance Before Magistrate: Appearance may be in person or through an authorized advocate.

Key Landmark Precedents:

Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Justice Krishna Iyer held that Section 133 CrPC (Section 152/153 BNSS) is an affirmative social justice provision, requiring duty-holders to abate public health hazards without bureaucratic evasion.
State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: The Supreme Court clarified that the show-cause stage allows industrial units to present environmental clearances and counter-evidence.

Courtroom Practice & Strategic Litigation Guidance:

When served with a Section 152 order, immediately file an appearance and detailed show-cause reply under Section 153 within the stipulated period, denying the existence of a public nuisance and producing technical certificates.