Section 154 BNSS: Person to whom order is addressed to obey or show cause
Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the immediate choices available to a person against whom a conditional order concerning public nuisance has been made. The person must either perform the act directed by the order within the specified time and manner, or appear in accordance with the order and show cause against it.
Section 154 BNSS - statutory text
154. 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.
What Section 154 BNSS means
Section 154 provides two alternatives after the order has been served or notified. The person concerned may comply with the direction, or may contest it by appearing and showing cause. The provision also expressly recognises that the appearance or hearing may be permitted through audio-video conferencing.
| Option | Requirement | Resulting course |
|---|---|---|
| Comply with the order | Perform the act within the time and in the manner specified. | The person follows the direction contained in the conditional order. |
| Show cause | Appear in accordance with the order and state why it should not be enforced or made absolute. | The matter proceeds under the subsequent BNSS provisions governing inquiry and determination. |
| Audio-video mode | The appearance or hearing may be permitted through audio-video conferencing. | Participation may take place remotely where the competent authority permits it. |
Meaning of "obey" under Section 154
Compliance means performing the act directed by the conditional order within both the time limit and the manner specified in that order. The obligation therefore depends on the precise terms of the order issued under Section 152 BNSS.
Meaning of "show cause"
Showing cause gives the affected person an opportunity to contest the conditional order instead of immediately carrying it out. The person must appear in accordance with the order and present the grounds on which the direction is opposed. The later inquiry procedure is principally dealt with in Section 157 BNSS.
Audio-video conferencing under Section 154
A notable feature of Section 154 is the express statutory recognition of audio-video conferencing. The provision states that the appearance or hearing may be permitted through audio-video conferencing. This supports electronic participation in proceedings where such mode is permitted by the competent authority and applicable procedural requirements.
How Sections 152, 153 and 154 work together
The provisions form a connected procedure. Section 152 authorises the conditional order for removal or regulation of a public nuisance or danger. Section 153 specifies how that order is to be served or notified. Section 154 then requires the person addressed either to comply with the order or to appear and show cause.
- Section 152 BNSS - Conditional order for removal of nuisance
- Section 153 BNSS - Service or notification of order
- Section 155 BNSS - Penalty for failure to comply with Section 154
- Section 156 BNSS - Procedure where existence of public right is denied
- Section 157 BNSS - Procedure where person appears to show cause
Consequence of failure to comply
The consequences of failing to perform the act directed by the order or failing to appear and show cause are addressed by Section 155 BNSS. Section 154 should therefore be read together with the succeeding provisions rather than in isolation.
Official legal sources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is published on the India Code portal and by the Ministry of Home Affairs. India Code records it as Act No. 46 of 2023, enacted on 25 December 2023 and enforced from 1 July 2024.
This page provides general legal information. In an actual proceeding, the complete statutory text, the terms of the conditional order, proof of service or notification, applicable procedural rules, and relevant judicial decisions should be considered.