CrPC Sections 134, 135 and 136: Service or Notification of Order, Obey or Show Cause, and Consequences of Failure
Sections 134, 135 and 136 of the Code of Criminal Procedure, 1973 formed part of the procedure following a conditional order for removal of a public nuisance under Section 133. They dealt respectively with service or notification of the order, the choice to obey or show cause, and the consequence of failing to do either.
Legal Context of Sections 134, 135 and 136 CrPC
These provisions followed Section 133 CrPC, under which an Executive Magistrate could make a conditional order for removal or regulation of specified public nuisances. Sections 134 to 136 prescribed what happened next: the order had to be brought to the affected person's notice, that person could comply or appear and show cause, and non-compliance could result in the order becoming absolute together with the statutory penal consequence.
For the official text of the Code, see the Code of Criminal Procedure, 1973 on India Code.
Section 134 CrPC - Service or Notification of Order
Meaning: Section 134 prescribed how a conditional order made against a person was to be communicated to that person. The first method was personal service in the manner provided for service of a summons. If such service was not practicable, the Code provided an alternative method by proclamation and affixation.
Section 134 - statutory rule
Sub-section (1): If practicable, the order was to be served on the person against whom it was made in the manner provided for service of a summons.
Sub-section (2): If the order could not be served in that manner, it was to be notified by proclamation in the manner directed by State Government rules, and a copy was to be affixed at a place or places suitable for conveying the information to that person.
The provision therefore established a sequence: ordinary service where practicable, followed by proclamation and affixation where such service could not be effected.
Section 135 CrPC - Person to Whom Order Is Addressed to Obey or Show Cause
Meaning: Once an order was made and communicated, Section 135 required the person against whom it was made to choose one of two statutory courses.
Options under Section 135
Compliance: Perform the act directed by the order within the time and in the manner specified in it.
Show cause: Appear in accordance with the order and show cause against it.
The show-cause option was important because a conditional order under Section 133 did not automatically become final merely because it had been issued. The person affected could contest it in the procedure provided by the Code.
Section 136 CrPC - Consequences of Failing to Obey or Show Cause
Meaning: Section 136 dealt with the situation where the person neither performed the act directed by the order nor appeared and showed cause.
Consequence under Section 136
On such failure, the person became liable to the penalty referred to in Section 188 of the Indian Penal Code, 1860, and the conditional order was to be made absolute.
Thus, under the pre-BNSS framework, Section 136 linked procedural default under the CrPC with the penal provision concerning disobedience to an order duly promulgated by a public servant under Section 188 IPC.
Practical Effect of Sections 134 to 136
Read together with Section 133, these sections created a structured process. A conditional nuisance order was first served or notified. The affected person was then required either to comply or to appear and contest the order. If the person did neither, Section 136 permitted the conditional order to become absolute and attracted the penal consequence specified by law. If the person appeared and showed cause, the subsequent inquiry provisions, including Sections 137 and 138 CrPC, became relevant.
Current-Law Transition Note: BNSS from 1 July 2024
The BNSS came into force on 1 July 2024. The broadly corresponding provisions are Sections 153, 154 and 155 BNSS. Section 154 additionally states that the appearance or hearing may be permitted through audio-video conferencing. Section 155 refers to the penalty under Section 223 of the Bharatiya Nyaya Sanhita, 2023. This article, however, is focused on the CrPC position applicable before BNSS commencement.
Section 531 BNSS repeals the CrPC but saves specified pending appeals, applications, trials, inquiries and investigations so that they continue under the CrPC where the statutory saving applies. For the current statute, see the Ministry of Home Affairs - New Criminal Laws.
Related CrPC Provisions
Continue with Sections 137, 138 and 139 CrPC: denial of public right, show-cause procedure and local investigation, or review Sections 140, 141 and 142 CrPC.
Editorial note: This page explains the statutory framework for general legal information. The applicable provision in an individual matter depends on the date and procedural status of the proceeding and any relevant saving provision.