Section 153 BNSS — Service or Notification of Order

Section 153 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure for serving or notifying a conditional order made in proceedings concerning public nuisance. It comes immediately after Section 152, under which an Executive Magistrate may issue a conditional order for removal of a nuisance.

The provision establishes a simple sequence. The order should ordinarily be served upon the person against whom it is made. If such service is not practicable, the law provides an alternative method through proclamation and affixing a copy of the order at a suitable place.

This provision matters because the person against whom the order is made must know about it before being required to comply with it or show cause against it under Section 154 BNSS.

Introduction

Proceedings relating to public nuisance under Chapter XI of the BNSS are intended to enable an Executive Magistrate to take preventive action where a nuisance, obstruction, danger or similar situation affects the public.

Section 152 is the starting point: the Magistrate makes a conditional order directing the concerned person to take specified action or, where permitted, to appear and show cause. Section 153 then deals with how that order is communicated to the person concerned.

The provision therefore protects the procedural fairness of the proceeding while also ensuring that a person cannot defeat the process merely because ordinary service could not be completed.

Section at a Glance

Particular	Details
Section	Section 153 BNSS
Subject	Service or notification of order
Chapter	Chapter XI — Maintenance of Public Order and Tranquillity
Part	B — Public nuisances
Nature	Procedural
Main purpose	To ensure communication of an order made against a person in public-nuisance proceedings
Related provisions	Sections 152, 154, 155 and 157 BNSS
Corresponding CrPC provision	Section 134 CrPC

Statutory Provision

Section 153 BNSS provides:

153. Service or notification of order.—
(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.

The provision has two sub-sections, creating a primary and an alternative method of communicating the order.

Sub-section (1) — Service of the Order

The normal rule is that the order should be served upon the person against whom it has been made if practicable.

The manner of service is not left undefined. Section 153(1) expressly adopts the procedure provided for the service of summons.

The expression “if practicable” recognises that the person may not always be available or that ordinary service may otherwise prove impossible. The provision therefore does not make the entire proceeding dependent upon successful personal service in every situation.

Sub-section (2) — Notification When Service Is Not Possible

Where the order cannot be served in the prescribed manner, Section 153(2) provides an alternative.

Two things are required:

1. The order must be notified by proclamation in the manner directed by rules made by the State Government; and
2. A copy of the order must be stuck up at such place or places as may be most suitable for conveying the information to the person concerned.

Thus, failure of ordinary service does not bring the proceeding to an end. The law provides another means of bringing the order to the person’s knowledge.

Meaning of Section 153 BNSS

Put simply, Section 153 answers one procedural question:

How is a conditional order made under Section 152 brought to the knowledge of the person against whom it is directed?

The answer is:

First preference: Serve the order in the manner prescribed for summons.

If that is not possible: Notify the order through the prescribed proclamation procedure and affix a copy at a suitable place.

The provision is therefore concerned with communication of the order, not with deciding whether the underlying nuisance actually exists.

Purpose and Object of the Provision

The principal purpose of Section 153 is to ensure that the person affected by a Magistrate’s order is given an effective opportunity to know what the order requires.

This is particularly relevant because Section 154 subsequently gives the person a choice between:

• performing the act directed by the order; or
• appearing and showing cause against it.

A person cannot meaningfully exercise that choice without knowledge of the order.

Section 153 therefore forms an important procedural link between the Magistrate’s initial order and the subsequent hearing or compliance stage.

Essential Requirements of Section 153

1. An order must have been made against the person

The provision operates where an order has been made against a particular person in the relevant proceedings.

In the usual sequence, this is the conditional order contemplated by Section 152.

2. Service must be attempted where practicable

The order is to be served upon the person against whom it is made where such service is practicable.

3. The prescribed method for summons is followed

Section 153(1) does not create an independent procedure for service. It adopts the manner provided for service of summons.

4. Alternative notification is used where service is not possible

If the order cannot be served in that manner, Section 153(2) becomes relevant.

5. Proclamation and affixing of the order are required

The order must be notified by proclamation according to the applicable State Government rules, and a copy must be affixed at a place or places suitable for conveying the information to the concerned person.

How Section 153 BNSS Works

The provision can be understood as a short procedural chain:

Section 152 order → attempt service → service if practicable → if service fails, proclamation → affixing of copy → opportunity to comply or show cause under Section 154.

The important point is that Section 153 provides a fallback mechanism. The inability to effect ordinary service does not automatically terminate the proceedings.

When Does Section 153 Apply?

Section 153 applies when:

• a relevant order has been made under the public-nuisance provisions;
• the order is directed against a person; and
• the order has to be communicated to that person.

Where ordinary service is not possible

The alternative procedure under Section 153(2) is followed. The order is notified by proclamation in accordance with State Government rules and a copy is affixed at an appropriate place or places.

Related Provisions

Section 152 BNSS — Conditional Order for Removal of Nuisance

Section 152 empowers the specified Executive Magistrates to make a conditional order in cases involving public nuisance and related situations.

Section 153 follows Section 152 and deals with service of that order.

Section 154 BNSS — Person to Whom Order Is Addressed to Obey or Show Cause

Section 154 requires the person against whom the order is made either to:

• perform the act directed by the order within the specified time and manner; or
• appear and show cause against the order.

It also expressly permits such appearance or hearing through audio-video conferencing.

Therefore, Section 153 is the communication stage, while Section 154 is the response stage.

Section 155 BNSS — Penalty for Failure to Comply with Section 154

Section 155 deals with the consequence where the person neither performs the required act nor appears and shows cause. The provision links such failure to the penalty specified under Section 223 of the Bharatiya Nyaya Sanhita, 2023, and provides for the order to be made absolute.

Section 157 BNSS — Procedure Where the Person Appears and Shows Cause

Where the person appears and contests the order, Section 157 provides the procedure for determining whether the order should be made absolute, modified, or discontinued.

Thus, Sections 153 to 157 should be understood as stages of the same procedural framework.

Section 153 and Section 154: The Important Connection

Basis	Section 153 BNSS	Section 154 BNSS
Main subject	Service or notification	Compliance or showing cause
Function	Brings the order to the person’s knowledge	Gives the person a procedural choice
Stage	Communication stage	Response stage
Main methods	Service, or proclamation and affixing	Perform the directed act or show cause
Key significance	Ensures notice of the order	Determines the person’s response

For examination purposes, remember:

Section 153 = “How is the order communicated?”

Section 154 = “What must the person do after receiving the order?”

Practical Example

Example: An Executive Magistrate makes an order under Section 152 directing a person to remove an obstruction affecting the public.

If the person can be served, the order is served in the manner applicable to summons.

Suppose ordinary service cannot be effected. The order is then notified by proclamation in the manner prescribed by the State Government, and a copy is affixed at a place suitable for conveying the information to that person.

After the order has been properly communicated, the person comes within the procedural framework of Section 154 and may either comply with the direction or appear and show cause.

Important Judicial Position

Section 153 BNSS substantially corresponds to Section 134 of the Code of Criminal Procedure, 1973. The basic statutory mechanism has been retained: ordinary service where practicable, followed by proclamation and affixing of a copy where such service cannot be effected.

Because the BNSS provision substantially carries forward the earlier framework, decisions concerning the corresponding CrPC provision may remain useful for understanding procedural principles, subject to the current statutory text.

The principal point for students is that service or notification is not the stage at which the Magistrate finally determines the merits of the nuisance dispute. It is the mechanism through which the conditional order is brought before the person so that the next procedural stage can occur.

Common Confusions About Section 153 BNSS

1. Section 153 does not itself create the nuisance order

The order ordinarily originates under Section 152. Section 153 deals with its service or notification.

2. Service and proclamation are not simultaneous alternatives in the ordinary case

The statutory structure gives preference to service where practicable. Proclamation is the alternative where the order cannot be served in that manner.

3. Section 153 is not the final stage of the proceeding

After service or notification, Section 154 becomes relevant because the person must either comply or show cause.

4. Section 153 should not be confused with Section 163

Section 163 concerns urgent cases of nuisance or apprehended danger and empowers a Magistrate to issue certain directions where immediate prevention or speedy remedy is desirable. Section 153, by contrast, concerns the manner of serving or notifying an order.

Practical Importance in Criminal Proceedings

For the Magistrate, Section 153 provides the procedural mechanism for communicating an order made in public-nuisance proceedings.

For the person affected by the order, it is significant because it marks the point at which the person is brought into the proceeding and given an opportunity to comply or contest the order.

For advocates, the manner in which an order was served or notified can become relevant when examining whether the subsequent procedural steps were properly initiated. The distinction between actual service and the statutorily prescribed alternative notification procedure should therefore be kept clear.

Corresponding Provision Under the Old CrPC

BNSS	Earlier CrPC
Section 153 — Service or notification of order	Section 134 — Service or notification of order

The BNSS retains the basic substance of the earlier provision. The section numbering changed because the BNSS reorganised the procedural scheme of the former CrPC.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 153 BNSS deals with service or notification of an order.
• It operates in the framework of public nuisance proceedings.
• The order should be served on the concerned person if practicable.
• Service is carried out in the manner provided for service of summons.
• If the order cannot be so served, it must be notified by proclamation in the manner prescribed by State Government rules.
• A copy must also be affixed at a suitable place or places.
• Section 153 connects Section 152 with the subsequent procedure under Section 154.
• The corresponding CrPC provision was Section 134.

Important Questions to Prepare

1. Explain the object and scope of Section 153 BNSS.
2. What is the procedure for service of an order under Section 153 BNSS?
3. What happens when an order cannot be served in the manner prescribed for summons?
4. Explain the significance of proclamation and affixing a copy under Section 153(2).
5. Distinguish Section 153 from Section 154 BNSS.
6. Explain the relationship between Sections 152, 153 and 154 BNSS.
7. What was the corresponding provision under the CrPC?

Key Legal Principles

1. Service is the primary method

Where practicable, the order must be served on the person against whom it is made.

2. Summons procedure governs service

Section 153(1) adopts the manner provided for service of summons.

3. Proclamation is the statutory alternative

When ordinary service cannot be effected, the order is notified through proclamation according to the applicable State Government rules.

4. Affixing a copy forms part of the alternative procedure

A copy of the order must be affixed at a place or places considered suitable for conveying the information to the concerned person.

5. Section 153 facilitates the right to respond

Its practical purpose is to bring the Section 152 order to the person’s knowledge before the person is required to comply or show cause under Section 154.

Key Takeaways

Concept	Principle
Section	Section 153 BNSS
Subject	Service or notification of order
Primary method	Service in the manner provided for summons
If service is not possible	Notification by proclamation
Additional requirement	Affixing a copy at a suitable place
Previous CrPC provision	Section 134 CrPC
Related provision	Section 152 — conditional order for removal of nuisance
Next stage	Section 154 — obey or show cause
Core principle	The affected person must be properly brought within the proceeding through the prescribed method of communication

ASLO READ: Section 152 – Conditional order for removal of nuisance

Conclusion

Section 153 BNSS is a procedural provision governing the communication of an order made in public-nuisance proceedings. Its structure is easy to remember: serve the order if practicable; if service cannot be effected, use the prescribed proclamation procedure and affix a copy where it is most suitable for conveying the information.

For examination purposes, the key connection is Section 152 → Section 153 → Section 154: the Magistrate makes the conditional order, the order is served or notified, and the person then either complies with it or shows cause against it.