Introduction to Section 152 BNSS / Conditional Order for Removal of Public Nuisance Explained
Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives powers to certain Magistrates to take quick action in public interest when any obstruction, danger, or nuisance is found in public places. This helps in protecting people from health risks, physical harm, and maintaining public order.
What is BNSS Section 152 ?
BNSS Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate (authorized by the State Government) to pass a conditional order to remove any public nuisance, danger, or obstruction. This can include dangerous buildings, polluted trades, open wells, or wild animals that may harm public health or safety. The person involved is given a chance to either fix the issue or appear before the Magistrate to explain why the order should not be enforced.
BNSS Section of 152 in Simple Points
1. Authority to Act for Public Safety
Under this law, only senior officers like District Magistrates or specially appointed Executive Magistrates have the power to act. They can do so only after getting proper reports or evidence. This ensures that only trained and authorized persons take action in serious matters affecting public spaces. The focus is to avoid random or wrongful decisions. Their job is to protect the public from harm caused by anything dangerous or disturbing. These actions are taken not for private interests but to maintain peace and order in the community. The power comes with responsibility and is used in urgent and important situations only.
2. Types of Nuisances Covered Under the Section
This section talks about many types of dangers or public problems. For example, it covers blocked roads, polluting factories, weak or broken buildings, open wells, and even dangerous animals. If any such thing exists in a public area and may cause harm, the Magistrate can act. These situations may lead to injury, accidents, or health problems, so they must be handled in time. The law helps prevent such risks before they turn into bigger issues. Whether it’s a tree about to fall or goods causing pollution, the law can step in. It provides wide protection to the public.
3. Issuing a Conditional Order
The Magistrate can issue a conditional order to the person causing the nuisance. This order gives them a fixed amount of time to remove the problem. For example, they may be told to cover a well, repair a weak wall, or stop a harmful business. The person must either follow the order or appear before the Magistrate to explain their side. This gives people a chance to comply without punishment and also the right to defend themselves. It is a balanced approach—solve the problem or give a valid reason why it can’t be done.
4. Fair Chance to Show Cause
The law is not one-sided. The person receiving the order has the full right to appear before the Magistrate and “show cause”—that is, explain why the order should not be made final. They can bring proof, reasons, or explanations. This protects people from being forced to obey wrong orders. It gives a fair chance to be heard. The goal is to find the truth and justice behind the problem, not just to punish. This step is called natural justice, where both sides are heard before making a final decision.
5. Fast Action Without Civil Court Delay
If a Magistrate issues a conditional order under this section, it cannot be challenged in a Civil Court. This avoids long legal delays that could risk public safety. For example, if a wall is about to fall, quick action is needed—waiting for court decisions could lead to accidents. By keeping the matter outside civil court, the law ensures faster results and quicker solutions. This makes the section effective in emergency or urgent matters, where people’s lives or health may be in danger. The focus is on immediate protection, not on legal delays.
Section 152 of BNSS Overview
BNSS Section 152 allows a District Magistrate, Sub-Divisional Magistrate, or any Executive Magistrate (authorized by the State Government) to issue conditional orders for removing any public nuisance or danger. These orders can be passed after receiving a police report or any reliable information. The goal is to protect public health, safety, and comfort by removing or controlling anything that may be harmful—like dangerous buildings, unsafe wells, harmful businesses, or even dangerous animals. The person involved is given a chance to fix the issue or appear before the Magistrate to explain their side before the order becomes final.
10 Key Points of BNSS Section 152
1. Authority of Magistrates Under the Law
BNSS Section 152 gives the power to specific authorities like the District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate who are specially authorized by the State Government. These officials have the legal right to take action when there is a threat to public safety or peace. This ensures that only trained and senior-level officers are responsible for handling public nuisances. The aim is to provide quick and efficient action through trusted authorities without delay.
2. Taking Action Based on Police Report or Other Information
A Magistrate doesn’t act on guesswork. They can only take action under this section if they receive a report from a police officer or any other reliable information, such as a complaint or alert from citizens. The Magistrate also has the power to collect and consider evidence before issuing any order. This rule makes the process fact-based and fair, so innocent people are not punished wrongly, and the real problem is solved.
3. Wide Range of Nuisances Covered
This section is not limited to one type of nuisance. It covers a broad range of public dangers, such as unlawful obstructions on roads, harmful businesses, risky buildings, open wells, dangerous trees, and even aggressive animals. This makes the section a powerful tool for maintaining public health, safety, and convenience in all types of situations. Whether it’s a broken wall about to fall or a business causing pollution, the Magistrate can intervene.
4. Focus on Public Places and Community Welfare
The section clearly defines a “public place” as not just roads or footpaths, but also includes government property, open lands, camping grounds, and areas left empty for public health or enjoyment. This wide definition helps the Magistrate take action wherever the general public may be affected, not just on private lands. The goal is to protect the entire community, especially those who may be unaware of hidden dangers around them.
5. Protecting Public Health and Physical Safety
If any business activity, goods, or property causes danger to health or physical comfort—for example, keeping chemicals near a school or running a factory that releases harmful smoke—then the Magistrate has full right to issue orders to stop or regulate such activity. The idea is that public safety is more important than private profit, and if any activity risks lives or comfort, it must be stopped or controlled.
6. Conditional Orders With Time Frame for Compliance
The Magistrate doesn’t immediately punish the person involved. Instead, they issue a conditional order that gives the person a chance to correct the issue within a specific time limit. For example, they may be asked to remove a blockage, repair a weak wall, or cover a well within 7 days. This gives a fair opportunity to comply voluntarily, without going through harsh penalties right away. It reflects the balanced approach of the law—firm but fair.
7. Right to Be Heard (Show Cause Provision)
The person receiving the conditional order has a legal right to object. If they believe the Magistrate is wrong or if they have a valid reason, they can appear before the Magistrate or a subordinate officer and “show cause”—which means explain why the order should not be made permanent. This ensures that nobody is judged without being heard, and helps prevent misuse of power. It brings natural justice into the legal process.
8. Prevention of Major Hazards
BNSS Section 152 allows Magistrates to act before a disaster happens. For example, if someone is building a structure that could collapse or storing chemicals that might explode, the Magistrate can issue an order to stop or modify that action. This pre-emptive step helps in avoiding accidents and loss of life. It is a preventive law, not just reactive, and gives authorities the power to avoid damage before it occurs.
9. Order Cannot Be Challenged in Civil Court
Once a conditional order is legally passed by a Magistrate under this section, it cannot be questioned in a Civil Court. This means people cannot delay action by filing court cases. This helps ensure speedy resolution of urgent matters related to public safety. Otherwise, critical actions could be stuck in court for months or years, and in the meantime, the public could suffer. This provision protects the purpose of the law.
10. Essential Tool for Maintaining Public Order and Safety
BNSS Section 152 is an important part of maintaining peace and safety in public spaces. It empowers authorities to act quickly, gives people a chance to comply or object, and covers a wide range of public threats. By using this law, the government ensures that public health, comfort, and safety are not compromised due to private carelessness or negligence. It’s a practical and balanced law designed for the welfare of all.
Examples of BNSS Section 152
Example 1 – Dangerous Wall Near School
A very old wall next to a public school is about to collapse. The police send a report to the District Magistrate. Under BNSS Section 152, the Magistrate issues a conditional order to the building owner to repair or remove the wall within 7 days, or appear and explain why it cannot be done. This prevents the wall from falling and hurting students.
Example 2 – Aggressive Dog in a Market Area
A shopkeeper keeps a dangerous dog outside his shop in a crowded market. The dog has already bitten one person. The Sub-Divisional Magistrate gets this report and passes a conditional order to confine or remove the dog, or the shopkeeper must appear and give a reason. This ensures safety for the public walking in the area.
Section 152 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Authority to Issue Order | Only senior Magistrates authorized by the State can issue conditional orders under this section. |
| 2. Reason for Action | The action must be based on a police report or credible information that indicates danger or public harm. |
| 3. Type of Nuisance Covered | Includes dangerous structures, polluting trades, unsafe wells, nuisance animals, or blocked public paths. |
| 4. Conditional Order Issued | The person causing the issue is asked to correct it within a set time or appear before the Magistrate. |
| 5. No Civil Court Challenge Allowed | Once the order is passed by the Magistrate, it cannot be questioned or challenged in any Civil Court. |
BNSS Section 152 FAQs
BNSS 152
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