Section 154 BNSS: Person to whom order is addressed to obey or show cause (Formerly Section 135 CrPC)

Section 154 of Bharatiya Nagarik Suraksha Sanhita, 2023: Person to whom order is addressed to obey or show cause

Official Bare Act Text

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

The person against whom such order is made shall—

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing.

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)

Legal Commentary & Landmark Judgments: Section 154

Section 154 provides the consequence of failure to perform the act directed or show cause under Section 153, declaring that the conditional order shall be made absolute and the person becomes liable to penal consequences.

Default in Appearance/Compliance: Failure to perform the directed act and failure to appear and show cause.
Order Made Absolute: The Magistrate SHALL make the order absolute without further inquiry.
Penal Liability: The defaulter becomes directly liable to the penalty prescribed under Section 223 BNS (old Section 188 IPC).

Key Landmark Precedents:

C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 552: The Supreme Court noted that making an order absolute under Section 136 CrPC (Section 154 BNSS) triggers automatic penal liability for disobedience.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that failure to contest a conditional order justifies immediate execution to protect public health.

Courtroom Practice & Strategic Litigation Guidance:

Never ignore a conditional notice under Section 152. If default occurs, the order becomes absolute under Section 154 and cannot be reopened by the magistrate; relief must be sought via criminal revision before the Sessions Court under Section 438 BNSS.