Section 155 BNSS: Penalty for failure to comply with Section 154

Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the consequence of failing to comply with the requirement under Section 154 to perform the act directed by a conditional nuisance order or to appear and show cause against that order. In such a case, the person becomes liable to the penalty specified in Section 223 of the Bharatiya Nyaya Sanhita, 2023, and the conditional order is to be made absolute.

Section 155 BNSS - statutory text

What Section 155 BNSS means

Section 155 applies when a person who is required to act under Section 154 BNSS does neither of the two things required by that provision: the person does not perform the act directed by the order and does not appear to show cause against it.

The provision then attaches two consequences. First, the person becomes liable to the penalty referred to in Section 223 of the Bharatiya Nyaya Sanhita, 2023. Second, the conditional order is made absolute.

Meaning of "the order shall be made absolute"

A conditional order under Section 152 BNSS initially gives the affected person an opportunity either to comply or to contest the direction. Where Section 155 applies because the person fails to perform the directed act and also fails to appear and show cause, the conditional character of the order comes to an end and the order is made absolute.

Penalty under Section 223 BNS

Section 155 does not create a separate punishment scale. Instead, it incorporates the penalty provided in Section 223 of the Bharatiya Nyaya Sanhita, 2023, which deals with disobedience to an order duly promulgated by a public servant.

Under Section 223 BNS, where disobedience causes or tends to cause obstruction, annoyance or injury, or the risk of such consequences, to a person lawfully employed, punishment may extend to simple imprisonment for six months, or fine up to Rs. 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, punishment may extend to imprisonment for one year, or fine up to Rs. 5,000, or both.

How Sections 152 to 155 work together

These provisions operate as a connected procedural sequence:

• Section 152 BNSS permits specified Executive Magistrates to make a conditional order for removal or regulation of a public nuisance or danger.
• Section 153 BNSS regulates service or notification of that order.
• Section 154 BNSS requires the affected person either to obey the order or to appear and show cause.
• Section 155 BNSS provides the consequence where the person does neither.

What happens if the person appears and contests the order?

Section 155 is directed at failure to comply or appear. Where the person appears and raises a dispute or shows cause, the matter proceeds under the succeeding statutory provisions. These include Section 156 BNSS where the existence of a public right is denied, and Section 157 BNSS for the inquiry when the person appears to show cause.

Official legal sources

The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. The Ministry of Home Affairs also publishes the Bharatiya Nyaya Sanhita, 2023, which contains Section 223 concerning disobedience to an order duly promulgated by a public servant.

This page provides general legal information. In an actual proceeding, the complete statutory provisions, validity and service of the underlying order, applicable procedural rules, and relevant judicial decisions should be examined.