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

Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the consequence of failing to comply with the conditional order made in public-nuisance proceedings. It follows Section 154, under which the person against whom the order is made must either perform the directed act or appear and show cause against the order.

The provision creates two consequences when the person does neither: the person becomes liable to the penalty specified under Section 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the conditional order is made absolute.

Section 155 is therefore the enforcement link between the person’s obligation under Section 154 and the subsequent execution of the Magistrate’s order. The corresponding provision under the old CrPC was Section 136.

Introduction

The public-nuisance procedure under the BNSS follows a structured sequence.

Under Section 152, the Magistrate may make a conditional order for removal of a nuisance. Section 153 provides for service or notification of that order. Section 154 then gives the person concerned a choice: comply with the order or appear and show cause against it.

Section 155 addresses the situation where the person does neither.

The provision is important because a conditional order cannot remain indefinitely without consequence. If the person ignores both available courses under Section 154, the law imposes a penal consequence and converts the conditional order into an absolute order.

Section at a Glance

Particular	Details
Section	Section 155 BNSS
Subject	Penalty for failure to comply with Section 154
Chapter	Chapter XI — Maintenance of Public Order and Tranquillity
Part	B — Public Nuisances
Nature	Procedural with penal consequences
Main purpose	To deal with failure to obey or contest a conditional nuisance order
Penal provision referred to	Section 223 BNS
Procedural consequence	The order is made absolute
Corresponding CrPC provision	Section 136 CrPC
Related provisions	Sections 152, 153, 154, 156, 157 and 160 BNSS

Statutory Provision

Section 155 BNSS provides:

155. Penalty for failure to comply with section 154.—
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.

The provision contains two connected consequences:

1. Penal liability under Section 223 BNS; and
2. Making the order absolute.

Meaning of Section 155 BNSS

In simple terms:

If a person neither obeys the order nor appears to contest it, Section 155 applies.

Section 154 gives the person two choices:

• obey the order, or
• appear and show cause.

Section 155 deals with the failure to take either course.

The important point is that Section 155 does not create an independent punishment with its own imprisonment or fine. Instead, it refers to the penalty specified in Section 223 BNS.

At the same time, the procedural consequence is separate and immediate in character: the order is to be made absolute.

Essential Requirements of Section 155

1. An order must have been made under the relevant public-nuisance procedure

Section 155 operates in connection with the order contemplated by Section 154, which follows the conditional order under Section 152.

2. The person must have the obligation imposed by Section 154

Section 154 requires the person to either:

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

3. The person must fail to do either

Section 155 is triggered where the person:

• does not perform the directed act; and
• does not appear and show cause.

The provision therefore addresses failure to take either of the two courses available under Section 154.

4. Penal liability follows

The person becomes liable to the penalty specified under Section 223 BNS.

5. The order becomes absolute

The original conditional order is no longer left merely as a conditional direction. Section 155 expressly provides that the order shall be made absolute.

How Section 155 BNSS Works

The provision can be understood through the following sequence:

Section 152
Conditional order for removal of nuisance.

↓

Section 153
Order is served or notified.

↓

Section 154
Person must either obey or show cause.

↓

Failure to do either

↓

Section 155
Penalty under Section 223 BNS + order made absolute.

This sequence is particularly useful for judiciary examinations.

What Does “Does Not Perform Such Act or Appear and Show Cause” Mean?

The phrase refers back to the two alternatives in Section 154.

The person is expected to do one of two things:

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

If the person does neither, Section 155 is attracted.

The provision therefore does not merely punish failure to physically remove a nuisance. It also addresses the failure to participate in the statutory procedure by appearing and contesting the order.

Penalty Under Section 223 BNS

Section 155 specifically refers to Section 223 of the Bharatiya Nyaya Sanhita, 2023, which deals with disobedience to an order duly promulgated by a public servant.

Section 223 BNS provides different levels of punishment depending upon the consequences of the disobedience.

Where the disobedience causes or tends to cause obstruction, annoyance or injury

The punishment may extend to:

• simple imprisonment up to six months, or
• fine up to ₹2,500, or
• both.

Where the disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray

The punishment may extend to:

• imprisonment up to one year, or
• fine up to ₹5,000, or
• both.

Section 223 BNS also makes knowledge of the order relevant. The provision does not require the person to have intended the harmful consequence; knowledge of the order and the resulting or likely harmful consequence are sufficient for the offence described there.

For Section 155 BNSS, the examination point is therefore:

Section 155 BNSS provides the procedural consequence and refers the penal liability to Section 223 BNS.

Two Consequences Under Section 155

Section 155 should be remembered as containing two separate consequences.

1. Penal consequence

The person becomes liable to the penalty specified in Section 223 BNS.

2. Procedural consequence

The conditional order is made absolute.

These two consequences should not be confused.

The BNS provision supplies the penal consequence, while Section 155 BNSS deals with the procedural status of the Magistrate’s order.

What Does “Order Shall Be Made Absolute” Mean?

A conditional order under Section 152 gives the person an opportunity to comply or show cause.

If the person ignores both alternatives, Section 155 provides that the order shall be made absolute.

In practical terms, the order ceases to remain merely conditional. The direction originally made by the Magistrate becomes final within the statutory procedure and can then be dealt with under the provisions governing an order made absolute and the consequences of disobedience.

Section 160 BNSS is particularly relevant to this later stage.

Relationship with Section 152 BNSS

Section 152 is the starting point.

It empowers the Magistrate to make a conditional order for removal of a public nuisance in the circumstances specified by that provision.

Section 155 comes several procedural steps later and deals with what happens when the person fails to respond to that order in the manner required by Section 154.

Thus:

Section 152 = Conditional order

Section 155 = Consequence of failing to obey or contest that order

Relationship with Section 153 BNSS

Section 153 deals with service or notification of the order.

Section 155 assumes the existence of the procedural obligation under Section 154 and deals with failure to fulfil it.

The sequence is:

Provision	Function
Section 152	Magistrate makes conditional order
Section 153	Order is served or notified
Section 154	Person obeys or shows cause
Section 155	Failure leads to penalty and absolute order

This sequence is one of the most important things to remember for examinations.

Relationship with Section 154 BNSS

Section 154 is directly incorporated into the title of Section 155.

Section 154 gives the person two alternatives:

1. perform the directed act; or
2. appear and show cause.

Section 155 applies when the person does not perform the act or appear and show cause.

Easy distinction

Section 154: What must the person do?

Section 155: What happens if the person does not do it?

Relationship with Section 156 BNSS

Section 156 deals with a special situation where the person against whom an order under Section 152 has been made denies the existence of a public right relating to a way, river, channel or place.

Where the denial is supported by reliable evidence, the Magistrate stays the proceedings until the competent Court decides the existence of the alleged public right.

This is important because not every challenge to a Section 152 order immediately proceeds to the consequences contemplated by Section 155. A specific statutory procedure exists where the dispute concerns the existence of a public right.

Relationship with Section 157 BNSS

Section 157 deals with the procedure where the person against whom the Section 152 order was made appears and shows cause.

Thus, Section 155 concerns the person who does not take either of the courses under Section 154, whereas Section 157 deals with the person who actually appears and contests the order.

The distinction is straightforward:

• Does not comply or appear → Section 155
• Appears and shows cause → Section 157

Relationship with Section 160 BNSS

Section 160 deals with the procedure after an order has been made absolute and the consequences of disobedience.

This makes Section 160 particularly important when studying Section 155.

Section 155 provides that the order is made absolute when the person fails to comply with Section 154. Section 160 then deals with the procedural consequences following an order that has become absolute.

Therefore:

Section 155 = order becomes absolute

Section 160 = procedure and consequences after the order becomes absolute

Practical Example

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

The order is properly served on A under Section 153.

Under Section 154, A can either:

• remove the obstruction within the specified time and manner; or
• appear before the Magistrate and show cause against the order.

Suppose A does neither.

Section 155 then becomes applicable. A becomes liable to the penalty specified in Section 223 BNS, and the conditional order is made absolute.

Common Confusions About Section 155 BNSS

1. Section 155 does not itself prescribe a separate quantum of punishment

The section refers to Section 223 BNS for the applicable penalty.

2. Penal liability and making the order absolute are separate consequences

Section 155 does two things: it creates liability to the specified penalty and provides that the order shall be made absolute.

3. Failure to show cause alone is not the complete test

The provision addresses failure to perform the directed act or appear and show cause. The two alternatives come from Section 154.

4. Section 155 is not the same as Section 160

Section 155 deals with the consequence of failure to comply with Section 154.

Section 160 deals with the procedure once an order has been made absolute and the consequences of subsequent disobedience.

5. Section 155 is not the provision for a person who appears and contests

Where the person appears and shows cause, Section 157 becomes relevant.

Important Judicial Position

Section 155 BNSS corresponds to Section 136 of the Code of Criminal Procedure, 1973, which was titled “Consequences of his failing to do so.”

The BNSS has changed the title to “Penalty for failure to comply with section 154” and expressly identifies the person against whom the Section 154 order was made. It also updates the penal reference from the IPC to the corresponding provision of the BNS.

The core procedural consequence remains the same: failure to perform the directed act or appear and show cause results in the applicable penal liability and the order being made absolute.

Because the provision largely carries forward the earlier statutory framework, decisions interpreting the corresponding CrPC provision may remain relevant where the underlying language and procedural issue are substantially the same.

Practical Importance in Criminal Proceedings

For a person who receives a conditional nuisance order, Section 155 makes inaction particularly significant.

Ignoring the order is not simply a matter of allowing the proceeding to remain pending. Failure to take either course under Section 154 can lead to:

• penal liability under Section 223 BNS; and
• the conditional order becoming absolute.

For an advocate, the immediate procedural question is therefore whether the client has complied with the order or has properly appeared and shown cause.

Where a person intends to challenge the order, merely refusing to comply is not the statutory alternative. The person must use the procedure provided by Section 154 and, where applicable, the subsequent provisions dealing with the hearing of the objection.

Corresponding Provision Under the Old CrPC

BNSS	Earlier CrPC
Section 155 — Penalty for failure to comply with Section 154	Section 136 — Consequences of his failing to do so

The principal change is the updating of the penal reference from Section 188 IPC to Section 223 BNS, along with clearer wording linking the consequence expressly to the Section 154 order.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 155 BNSS = consequence of failure to comply with Section 154.
• Section 154 gives the person two alternatives: obey or show cause.
• Failure to do either attracts Section 155.
• The person becomes liable to the penalty specified in Section 223 BNS.
• The order shall be made absolute.
• Section 155 corresponds to Section 136 CrPC.
• Section 156 deals with denial of a public right.
• Section 157 deals with a person who appears and shows cause.
• Section 160 deals with the procedure after an order is made absolute and the consequences of disobedience.

One-Line Exam Formula

Section 155 BNSS = Failure to obey or show cause → penalty under Section 223 BNS + order made absolute.

Important Questions to Prepare

1. What is the object of Section 155 BNSS?
2. What are the consequences of failure to comply with Section 154 BNSS?
3. Explain the significance of the expression “the order shall be made absolute.”
4. What penalty is attracted under Section 155 BNSS?
5. Explain the relationship between Sections 154 and 155 BNSS.
6. Distinguish Section 155 from Section 157 BNSS.
7. Distinguish Section 155 from Section 160 BNSS.
8. What is the corresponding provision under the CrPC?
9. Explain the relevance of Section 223 BNS to Section 155 BNSS.

Key Legal Principles

1. Section 155 is triggered by failure to take either course under Section 154

The person must either comply with the order or appear and show cause. Failure to do either attracts Section 155.

2. Section 155 contains both penal and procedural consequences

The person becomes liable to the specified penalty, and the order is made absolute.

3. The penalty comes from the BNS

Section 155 BNSS does not independently prescribe the punishment. It expressly refers to Section 223 BNS.

4. The order becomes absolute

The conditional character of the original order ends when the statutory consequence under Section 155 operates.

5. Section 155 must be read with the surrounding provisions

Sections 152 to 160 form a connected procedural framework for dealing with public nuisance.

Key Takeaways

Concept	Principle
Section	Section 155 BNSS
Subject	Failure to comply with Section 154
Trigger	Person neither obeys nor appears to show cause
Penal consequence	Liability under Section 223 BNS
Procedural consequence	Order is made absolute
Related provision	Section 154 — obey or show cause
Contesting route	Section 157 — procedure where person appears and shows cause
Later stage	Section 160 — order made absolute and consequences of disobedience
Old CrPC provision	Section 136
Core principle	Ignoring both alternatives under Section 154 attracts penalty and makes the order absolute

ASLO READ:Section 154 – Person to whom order is addressed to obey or show cause

Conclusion

Section 155 BNSS gives legal consequence to a person’s failure to respond to a conditional nuisance order. Once a person neither performs the directed act nor appears and shows cause under Section 154, two consequences follow: penal liability under Section 223 BNS and the making of the order absolute.

For quick revision, remember the chain:

Section 152 — Conditional order
Section 153 — Service or notification
Section 154 — Obey or show cause
Section 155 — Failure: penalty + order absolute
Section 157 — Person appears and shows cause
Section 160 — Order absolute and consequences of disobedience