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

Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out what the person against whom a conditional order has been made in public-nuisance proceedings must do after the order has been communicated.

The provision gives the person two alternatives: either comply with the direction contained in the order within the specified time and in the specified manner, or appear before the Magistrate and show cause against the order. The provision also expressly recognises that such appearance or hearing may be permitted through audio-video conferencing.

Section 154 is therefore the response stage in the procedure that begins with Section 152. Section 152 permits the Magistrate to make a conditional order; Section 153 provides for service or notification of that order; and Section 154 tells the person what must be done after receiving it.

Introduction

Public-nuisance proceedings under the BNSS are preventive proceedings. Their purpose is to enable an Executive Magistrate to require removal or regulation of situations that affect public safety, health, convenience or lawful use of public places.

Section 152 provides for the conditional order. Such an order does not simply operate as an unquestionable final direction against the person concerned. The statutory scheme gives that person an opportunity either to comply or to contest the order by showing cause.

That opportunity is contained in Section 154.

The section is particularly important because it shows that a person affected by a Section 152 order is not left without a procedural remedy. The person may accept the order and comply with it, or may appear before the Magistrate and challenge the basis for making the order.

Section at a Glance

Particular	Details
Section	Section 154 BNSS
Subject	Person to whom order is addressed to obey or show cause
Chapter	Chapter XI — Maintenance of Public Order and Tranquillity
Part	Public Nuisances
Nature	Procedural
Main purpose	To provide the person affected by a conditional order an opportunity to comply or contest it
Main alternatives	Obey the order or appear and show cause
Special procedural feature	Appearance or hearing may be permitted through audio-video conferencing
Related provisions	Sections 152, 153, 155, 156 and 157 BNSS
Corresponding CrPC provision	Section 135 CrPC

Statutory Provision

Section 154 BNSS provides:

154. Person to whom order is addressed to obey or show cause.—
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.

The provision is concise, but each part has a distinct procedural significance.

Clause (a) — Obey the Order

The first option is straightforward.

The person may comply with the direction contained in the order. Compliance must take place:

• within the time specified in the order, and
• in the manner specified in the order.

Therefore, merely attempting to comply is not necessarily sufficient. The statutory requirement is compliance with the direction as specified by the Magistrate.

Clause (b) — Appear and Show Cause

The second option is to appear in accordance with the order and show cause against it.

“Show cause” means that the person is given an opportunity to explain why the conditional order should not be made absolute or why the direction contained in it should not continue.

This is the contesting route under the statutory scheme.

The person is not required simply to accept the Magistrate’s preliminary order. Instead, the person can place the relevant objections, facts and evidence before the Magistrate.

Audio-Video Conferencing

Section 154 contains an express procedural provision allowing the appearance or hearing to be permitted through audio-video conferencing.

This is a significant feature of the BNSS framework because it allows the Magistrate, where appropriate, to permit participation through technology rather than requiring physical presence in every case.

The provision, however, says that such appearance or hearing may be permitted. It does not create an unconditional right in every case to insist upon appearance through video conference.

Meaning of Section 154 BNSS

In simple terms, Section 154 gives the person against whom a conditional order has been made a choice:

Either comply with the order, or contest it by appearing and showing cause.

The provision therefore combines two ideas:

1. Compliance with the Magistrate’s direction, and
2. Opportunity to challenge the direction through the prescribed proceeding.

The section does not itself decide whether the person’s objection is valid. That question is considered at the subsequent stage of the proceedings.

Purpose and Object of the Provision

The main purpose of Section 154 is to ensure that a conditional order made in public-nuisance proceedings is not automatically treated as final without giving the affected person an opportunity to respond.

The provision balances two interests:

• the need for prompt preventive action where a public nuisance or danger exists; and
• the person’s opportunity to contest the order before it becomes final.

This is why the statutory sequence does not end with Section 152. The conditional order is followed by service or notification under Section 153 and then by the opportunity to comply or show cause under Section 154.

Essential Requirements of Section 154

1. There must be an order addressed to the person

Section 154 operates where an order has been made against a person under the preceding public-nuisance procedure.

2. The person has two statutory alternatives

The person must either:

• perform the act directed by the order; or
• appear and show cause against the order.

These are the two routes expressly provided by Section 154.

3. Compliance must follow the terms of the order

Where the person chooses to obey the order, compliance must occur within the specified time and in the specified manner.

4. A person choosing to contest must appear in accordance with the order

The person must appear as directed and show cause against the order.

5. Audio-video conferencing may be permitted

The appearance or hearing may, where permitted, take place through audio-video conferencing.

How Section 154 BNSS Works

The provision forms part of a larger procedural sequence:

Step 1 — Section 152:
The Magistrate makes a conditional order concerning the nuisance or danger.

Step 2 — Section 153:
The order is served on the person, where practicable, or notified through the alternative procedure prescribed by law.

Step 3 — Section 154:
The person must either comply with the order or appear and show cause against it.

Step 4 — Subsequent proceedings:
Depending upon the person’s response, the Magistrate proceeds under the provisions that follow, including the procedure relating to denial of a public right and showing cause.

The important point is that Section 154 is the decision point for the person receiving the order.

When Does Section 154 Apply?

Section 154 applies when:

• an order has been made against a person under the public-nuisance provisions;
• the order has been communicated in accordance with Section 153; and
• the person is required to respond to that order.

The person then has the statutory alternatives of obedience or showing cause.

Consequence of Choosing to Obey

If the person performs the act directed by the order within the specified time and in the specified manner, the person has complied with the requirement imposed by Section 154.

The precise consequences will depend upon the nature of the original order and the subsequent procedural requirements.

Consequence of Choosing to Show Cause

If the person disputes the order, the person may appear and show cause against it.

The Magistrate then considers the objection under the subsequent procedural provisions.

Section 157 is particularly relevant where the person against whom the Section 152 order was made appears and shows cause. Under Section 157, the Magistrate takes evidence in the matter as in a summons-case and, if satisfied that the order is reasonable and proper, may make it absolute, either as originally made or with necessary modification.

Thus, showing cause is not itself a final determination in favour of the person. It triggers the next stage at which the Magistrate examines the matter.

Section 154 and Public Right Disputes

A special situation arises where the Section 152 order concerns an alleged obstruction, nuisance or danger affecting the public’s use of a way, river, channel or place and the person denies the existence of the relevant public right.

Section 156 BNSS provides a specific procedure in such cases.

The Magistrate must question the person as to whether the existence of the public right is denied. If it is denied and there is reliable evidence supporting that denial, the proceedings are stayed until the competent court determines the existence of the right.

This distinction is important because a dispute about a public right can affect the Magistrate’s ability to proceed directly to the next stage.

Relationship with Section 152 BNSS

Section 152 is the provision under which the conditional order is made.

Section 154 operates after that order has been addressed to the person.

The relationship can be expressed as:

Section 152 = Making of the conditional order

Section 154 = Response to the conditional order

Section 152 therefore concerns the Magistrate’s initial intervention, whereas Section 154 concerns the person’s response.

Relationship with Section 153 BNSS

Section 153 deals with service or notification of the order.

Section 154 deals with what the person must do after the order has been communicated.

Basis	Section 153 BNSS	Section 154 BNSS
Main subject	Service or notification	Obey or show cause
Function	Communicates the order	Provides the person’s response
Main issue	How the order reaches the person	What the person must do
Alternatives	Service or alternative notification	Compliance or showing cause
Special feature	Proclamation and affixing where service fails	Audio-video conferencing may be permitted

For examination purposes, this is one of the easiest ways to remember the distinction:

Section 153 = communication of the order.

Section 154 = response to the order.

Relationship with Section 155 BNSS

Section 155 deals with the penalty for failure to comply with Section 154.

If the person against whom the order is made does not perform the required act or appear and show cause, Section 155 provides that the person becomes liable to the penalty specified under Section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order is made absolute.

Therefore, Section 154 should not be studied in isolation from Section 155.

The basic sequence is:

Section 154 obligation → failure to comply → Section 155 consequence.

Section 154 and Section 157

The two provisions deal with different procedural outcomes.

• Section 154 gives the person the opportunity to show cause.
• Section 157 prescribes what happens when the person actually appears and shows cause.

Where the person contests the order, the Magistrate takes evidence in the manner provided by Section 157 and determines whether the order should be made absolute, modified or otherwise dealt with according to law.

Practical Example

Example: An Executive Magistrate makes an order under Section 152 directing A to remove an unlawful obstruction from a public way.

After the order is served, A has two options under Section 154.

Option 1 — Compliance:
A removes the obstruction within the time and in the manner specified in the order.

Option 2 — Contest:
A appears before the Magistrate and shows cause, arguing, for example, that the order should not be made absolute.

If A simply ignores the order and neither complies nor appears to show cause, Section 155 becomes relevant.

Important Judicial Position

Section 154 BNSS substantially corresponds to Section 135 of the Code of Criminal Procedure, 1973 (CrPC). The core statutory scheme remains the same: the person against whom the conditional order is made must either comply with it or appear and show cause.

The BNSS has, however, expressly added the provision that appearance or hearing may be permitted through audio-video conferencing. This is a notable procedural feature of the present statutory text.

The case law developed under Section 135 CrPC may therefore remain relevant to the underlying procedural principles, subject to the current wording and structure of the BNSS.

Common Confusions About Section 154 BNSS

1. A Section 152 order is not automatically the end of the matter

The order is conditional. Section 154 gives the person an opportunity either to comply or to contest it.

2. Showing cause does not mean the order is automatically cancelled

The person merely gets an opportunity to challenge the order. The Magistrate subsequently determines whether the order is reasonable and proper in accordance with the applicable procedure.

3. Compliance and showing cause are alternative routes

The wording of Section 154 uses “or”. The person is required to follow one of the statutory routes.

4. Audio-video conferencing is permissive

Section 154 states that appearance or hearing may be permitted through audio-video conferencing. It should not be understood as an unconditional entitlement in every case.

5. Section 154 is different from Section 163

Section 163 concerns urgent orders in cases of nuisance or apprehended danger. Section 154, by contrast, deals with the response of a person against whom a conditional order under the public-nuisance procedure has been made.

Practical Importance in Criminal Proceedings

Section 154 is particularly relevant to advocates dealing with proceedings concerning public nuisance before an Executive Magistrate.

When advising a person who has received such an order, the immediate procedural question is whether the person should:

• comply with the direction; or
• contest the order by appearing and showing cause.

If the person chooses to contest the order, the grounds for doing so must be placed before the Magistrate in the prescribed proceedings.

The provision is also relevant to procedural strategy because failure to take either route can lead to the consequences under Section 155.

Corresponding Provision Under the Old CrPC

BNSS	Earlier CrPC
Section 154 — Person to whom order is addressed to obey or show cause	Section 135 — Person to whom order is addressed to obey or show cause

The substantive procedural structure has been carried forward, with the BNSS expressly adding the possibility of appearance or hearing through audio-video conferencing.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 154 BNSS = Obey or show cause.
• It follows Sections 152 and 153.
• The person against whom the order is made has two alternatives:
  1. perform the directed act; or
  2. appear and show cause against the order.
• Compliance must occur within the time and in the manner specified.
• Appearance or hearing may be permitted through audio-video conferencing.
• Failure to comply or show cause attracts the consequence under Section 155.
• Where the person appears and shows cause, Section 157 becomes particularly relevant.
• The corresponding CrPC provision was Section 135.

Important Questions to Prepare

1. Explain the object and scope of Section 154 BNSS.
2. What are the alternatives available to a person against whom an order is made under the public-nuisance provisions?
3. What is meant by “show cause” under Section 154 BNSS?
4. Explain the relationship between Sections 152, 153 and 154 BNSS.
5. What is the consequence of failure to comply with Section 154?
6. Can appearance or hearing under Section 154 take place through audio-video conferencing?
7. Distinguish Section 154 BNSS from Section 157 BNSS.
8. What was the corresponding provision under the CrPC?

Key Legal Principles

1. The person has a statutory choice

Section 154 gives the person the choice between obeying the order and appearing to show cause against it.

2. Compliance must follow the order

If the person chooses obedience, the directed act must be performed within the specified time and in the specified manner.

3. Showing cause provides an opportunity to contest

The person may appear and place before the Magistrate the reasons why the order should not be made absolute.

4. Failure has consequences

A person who neither complies nor appears to show cause may face the consequences prescribed by Section 155.

5. Technology-assisted participation is recognised

The BNSS expressly permits the possibility of appearance or hearing through audio-video conferencing, subject to permission.

Key Takeaways

Concept	Principle
Section	Section 154 BNSS
Subject	Person addressed by order must obey or show cause
First option	Perform the directed act
Second option	Appear and show cause
Compliance requirement	Within the specified time and manner
Technology	Audio-video conferencing may be permitted
Failure to comply	Section 155 applies
If person contests	Section 157 provides the subsequent procedure
Corresponding CrPC provision	Section 135 CrPC
Core principle	A conditional order gives the affected person an opportunity either to comply or to contest it

ALSO READ: Section 153 – Service or notification of order

Conclusion

Section 154 BNSS marks the stage at which the person against whom a conditional public-nuisance order has been made must respond to it. The statutory choice is clear: obey the order within the prescribed time and manner, or appear and show cause against it.

For revision, the entire sequence can be remembered as:

Section 152 — Order is made
Section 153 — Order is served or notified
Section 154 — Person obeys or shows cause
Section 155 — Consequence of failure
Section 157 — Procedure where the person appears and shows cause