What Happens When You Fail to Comply with BNSS Section 154?

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the old Criminal Procedure Code (CrPC) and brought several procedural reforms. One of the important provisions under the BNSS Section 155, which deals with the penalty for failure to comply with Section 154. This section ensures that orders made by authorities are not ignored and that public order is maintained.

This article explains the meaning, scope, and effect of Section 155 of the BNSS in simple terms. It will help lawyers, students, and law enthusiasts understand when this section applies, what it means, what penalties follow, and how it connects with Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023.

Statutory Text of Section 155

The wording of Section 155 of BNSS says:

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 Section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.

In simple terms, if a person does not do what the order under Section 154 requires, or fails to appear before the authority to explain his reasons, then he will face punishment under Section 223 of BNS, and the order automatically becomes final.

Understanding Section 155: When It Applies

To know when Section 155 applies, we must first know what Section 154 of BNSS talks about.
Section 154 allows a Magistrate to make an order directing a person to perform a certain act — for example, removing an obstruction, stopping a nuisance, or preventing a danger to public safety. The person is also given an opportunity to appear before the Magistrate and “show cause” — that means to explain why the order should not be enforced.

If the person does not follow the order or fails to appear and explain, then Section 155 comes into effect.

So, Section 155 applies in two situations:

When the person does not perform the act ordered under Section 154.
When the person does not appear and show cause against the order.

Both these failures trigger the consequences mentioned in Section 155.

Meaning of “Does Not Perform Such Act or Appear and Show Cause”

Let’s break this down further:

Does not perform such act – This means the person ignores the direction given in the Section 154 order. For example, if someone is ordered to remove a wall blocking a public road but does nothing, it is non-performance.
Does not appear and show cause – This means the person does not attend the hearing or does not explain his side to the Magistrate. It’s like getting a notice but choosing to stay silent.

Either of these acts of disobedience leads to the order becoming final, and the person faces penalty under Section 223 of BNS.

Consequences Under Section 155

Section 155 has two direct legal consequences:

1. The Order Becomes Absolute

When a person disobeys or does not appear, the Magistrate’s order under Section 154 automatically becomes absolute. This means it is final, binding, and enforceable. The person can no longer contest it under that procedure.

For example, if the Magistrate had ordered removal of a nuisance and the person ignored it, the order becomes final, and the nuisance must be removed, whether voluntarily or by enforcement.

2. The Person Becomes Liable to Penalty

The person who disobeys or fails to appear is also liable to penalty under Section 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS). This section defines the punishment for disobedience to an order duly made by a public authority.

What Section 223 of BNS Says

Section 223 of the Bharatiya Nyaya Sanhita (BNS) deals with disobedience to an order made by a lawful public authority. It states that:

If such disobedience causes or tends to cause obstruction, injury, annoyance, or risk, the person may face simple imprisonment up to six months, or fine up to ₹2,500, or both.
If the disobedience causes danger to life, health, or safety, or leads to riot or affray, the punishment can be imprisonment up to one year, or fine up to ₹5,000, or both.

Therefore, under Section 155 BNSS, when someone disobeys an order under Section 154, they are punished according to these penalty rules in BNS Section 223.

Relationship Between BNSS and BNS

The BNSS is the procedural law, meaning it provides the steps and methods for enforcing justice.
The BNS is the substantive law, meaning it defines the crimes and punishments.

Here, Section 155 of BNSS provides the procedure when someone disobeys, while Section 223 of BNS provides the punishment. Together, they ensure that lawful orders are respected and enforced.

Purpose and Rationale Behind Section 155

The main purpose of Section 155 is to make sure people take orders under Section 154 seriously. It prevents people from ignoring the directions of the Magistrate and ensures timely compliance.

The rationale behind this provision includes:

Enforcing compliance: It ensures that lawful directions are followed.
Preventing delay: It avoids unnecessary delay by making the order final if the person does not respond.
Maintaining public interest: Many Section 154 orders deal with public nuisances, health, safety, and order. Quick compliance is essential for community welfare.
Promoting respect for law: It sends a message that disobedience will have consequences.

Safeguards and Limitations

Although Section 155 is strict, the law still recognizes that fairness is important. Certain safeguards and considerations apply:

Proper Notice: The person must have been properly served with the Section 154 order. If they were not informed, penalty under Section 155 may be unfair.
Reasonable Cause: If the person can show a valid reason for not appearing or performing the act (for example, illness or unavoidable circumstances), the authority may consider it.
Magistrate’s Discretion: The Magistrate has the power to consider whether the non-compliance was intentional or due to a genuine reason before enforcing the penalty.
Natural Justice: The principle of fair hearing still applies. Even if the order becomes absolute, fairness must be maintained.

These safeguards ensure that Section 155 is not misused and that genuine mistakes are not punished harshly.

Procedure After Section 155 is Invoked

Once Section 155 applies, the next steps are guided by Section 160 of BNSS, which deals with the procedure after an order becomes absolute.

The process generally works like this:

Order Becomes Final: The Magistrate records that the conditional order under Section 154 has become absolute because of non-compliance.
Notice to Comply: The person may be given one more notice to comply within a fixed time.
Enforcement: If the person still does not act, the Magistrate can arrange for the act to be done — such as removing an obstruction or stopping a nuisance.
Recovery of Costs: The cost of enforcement can be recovered from the person by selling their movable property or through distress proceedings.
Penalty: The person also faces punishment under Section 223 of BNS as discussed earlier.

This ensures that orders are not just paper directions but are effectively enforced.

Illustrative Examples

To make the concept clearer, let’s look at simple examples:

Example 1: Obstruction on Public Road

A shopkeeper builds a platform on a public footpath. The Magistrate issues an order under Section 154 asking him to remove it or appear to explain. The shopkeeper does nothing.
Result: Under Section 155, the order becomes absolute, and he faces a penalty under Section 223 BNS. The Magistrate can then have the platform removed and recover costs from him.

Example 2: Nuisance by Smoke

A factory emits thick smoke harming nearby residents. The Magistrate orders it to install filters or show cause. The factory ignores it.
Result: Section 155 applies. The order becomes final, the factory faces penalty, and the Magistrate can enforce installation or closure.

These examples show how Section 155 ensures respect for lawful directions and protects public welfare.

Comparison with Old CrPC Provision

Under the old Criminal Procedure Code (CrPC), a similar rule existed in Section 136. The structure was almost the same — if someone did not comply with a Magistrate’s order to remove a nuisance or appear, the order became final, and punishment could follow.
In the BNSS, Section 155 replaces that provision with updated references to Section 223 of the Bharatiya Nyaya Sanhita instead of the old IPC Section 188. It is part of the modernization of criminal procedure laws.

The idea remains the same: enforce respect for lawful orders and ensure speedy public justice.

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Conclusion and Key Takeaways

Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023 plays an important role in maintaining public order and ensuring obedience to lawful directions.

Key points to remember:

Section 155 applies when a person fails to act under Section 154 or does not appear to explain.
The order becomes absolute, meaning final and enforceable.
The person becomes liable to penalty under Section 223 of the Bharatiya Nyaya Sanhita.
The penalty can be imprisonment, fine, or both, depending on the nature of disobedience.
Magistrates can enforce the order and recover costs if the person still refuses to comply.
Lawyers should advise clients to respond promptly to Section 154 notices to avoid penalties and legal consequences.

In short, Section 155 BNSS ensures that lawful orders under Section 154 are not ignored and that the justice system remains effective, efficient, and fair. For lawyers and students, understanding this section is essential to know how the procedural and substantive laws work together under India’s new criminal justice system.