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BNSS, 2023
Start Practicing
BNSSChapter XISection 153
Section153

Service or notification of order

AI Assist

Summary

An order should, where practicable, be served personally on the person affected using the same procedure as for service of a summons. If personal service cannot be carried out, the order must be notified by a proclamation in the manner the State rules prescribe, and a copy posted where it is most likely to reach that person.

Example

Priya is ordered to vacate a municipal stall. Officials first try to serve the order on her personally following summons procedures. When they cannot find her, they publish a proclamation as the State rules allow and stick a copy on the stall notice board so she will be informed.

Bare Act

Enacted text

(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.

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XI

Chapter XI

Maintenance of Public Order and Tranquillity

In this chapter

  • 148Dispersal of assembly by use of civil force
  • 149Use of armed forces to disperse assembly
  • 150Power of certain armed force officers to disperse assembly
  • 151Protection against prosecution for acts done under sections 148, 149 and 150
  • 152Conditional order for removal of nuisance
  • 153Service or notification of order
  • 154Person to whom order is addressed to obey or show cause
  • 155Penalty for failure to comply with section 154
  • 156Procedure where existence of public right is denied
  • 157Procedure where person against whom order is made under section 152 appears to show cause
  • 158Power of Magistrate to direct local investigation and examination of an expert
  • 159Power of Magistrate to furnish written instructions, etc
  • 160Procedure on order being made absolute and consequences of disobedience
  • 161Injunction pending inquiry
  • 162Magistrate may prohibit repetition or continuance of public nuisance
  • 163Power to issue order in urgent cases of nuisance or apprehended danger
  • 164Procedure where dispute concerning land or water is likely to cause breach of peace
  • 165Power to attach subject of dispute and to appoint receiver
  • 166Dispute concerning right of use of land or water
  • 167Local inquiry
Previous · Section 152Conditional order for removal of nuisanceNext · Section 154Person to whom order is addressed to obey or show cause