Section 153 BNSS: Service or notification of order
Section 153 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down how an order made in the public nuisance procedure is to be communicated to the person against whom it is directed. Personal service in the manner provided for service of summons is the primary method. Where such service is not practicable, the order must be notified by proclamation in accordance with State Government rules and a copy must also be affixed at an appropriate place or places.
Section 153 BNSS - statutory text
153. (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.
What Section 153 BNSS means
Section 153 deals with communication of an order after it has been made under the public nuisance provisions. It creates a two-stage method. First, the authority should attempt service on the person concerned in the manner prescribed for service of summons. If that cannot practicably be done, the law permits substituted communication through proclamation and affixation.
| Stage | Method | Legal requirement |
|---|---|---|
| Primary service | Service on the person against whom the order is made | To be carried out, if practicable, in the manner provided by the BNSS for service of summons. |
| When primary service is not possible | Notification by proclamation | The proclamation must be published in the manner directed by applicable State Government rules. |
| Additional substituted notice | Affixation of a copy | A copy must be affixed at the place or places considered most suitable for conveying the information to the person concerned. |
Personal service is the first method
Section 153(1) uses the words "if practicable". This means that direct service is the preferred statutory method where it can reasonably be carried out. The provision links the mode of service to the BNSS rules governing service of summons rather than creating a separate service code exclusively for nuisance orders.
When proclamation may be used
Sub-section (2) applies where the order cannot be served in the manner contemplated by sub-section (1). In that situation, notification must be made by proclamation. The manner of publication is not left entirely to informal practice: it is to follow rules made by the State Government.
Affixing a copy of the order
Proclamation alone is not the only step specified in Section 153(2). A copy of the order must also be affixed at a place or places considered most suitable for bringing the order to the notice of the person concerned. This requirement supports effective communication of the order where personal service is unavailable.
Connection with Section 152 BNSS
Section 153 follows Section 152 BNSS - Conditional order for removal of nuisance. Section 152 authorises specified Executive Magistrates to make conditional orders concerning public nuisances and dangers. Section 153 then provides the method by which such an order is to be served or notified.
What happens after service or notification?
After the order is served or notified, the next stage is governed by Section 154 BNSS, which deals with the obligation of the person addressed by the order to obey it or to show cause in accordance with the statutory procedure.
The provisions that follow Section 154 address consequences of non-compliance, disputes about public rights, inquiry when cause is shown, local investigation or expert examination, written instructions, and the procedure for making an order absolute.
Why proper service or notification matters
Service or notification provides formal communication of the Magistrate's order to the affected person. Because later procedural consequences depend on the order having been communicated in the manner contemplated by law, compliance with Section 153 and any applicable State rules can be important when examining the validity of subsequent proceedings.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available from the Ministry of Home Affairs and on the India Code portal. The Ministry of Home Affairs also publishes the Central Government notification dated 23 February 2024 appointing 1 July 2024 as the commencement date of the Sanhita, subject to the notified exception.
This page provides general legal information. In a particular proceeding, the complete BNSS text, applicable State Government rules governing proclamation, the facts relating to attempted service, and relevant judicial decisions should be examined.