Section 155 BNSS: Penalty for failure to comply with section 154 (Formerly Section 136 CrPC)

Section 155 of Bharatiya Nagarik Suraksha Sanhita, 2023: Penalty for failure to comply with section 154

Official Bare Act Text

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

If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.

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 155

Section 155 prescribes the procedure where the person against whom an order is made under Section 152 appears to show cause, mandating that the Magistrate shall take evidence in the matter as in a summons case.

Appearance and Objection: The person appears and files written objections showing cause against the order.
Summons Case Trial Procedure: Magistrate MUST take evidence in the matter in the manner provided in a summons case.
Two Adjudicative Outcomes: If satisfied that the order is reasonable and proper, the order is made absolute; if not so satisfied, no further proceedings are taken.

Key Landmark Precedents:

State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: The Supreme Court held that the magistrate cannot make a conditional order absolute without recording evidence when the respondent shows cause; taking evidence is mandatory.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that public nuisance inquiries require balanced evidentiary adjudication between civic rights and individual hardship.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin procedural challenge: If the SDM made the order absolute based purely on police reports without examining witnesses on oath under Section 155, the order is illegal. Demand cross-examination of the complainant and local municipal officers.