Introduction to Section 153 BNSS / Service or notification of order
Section 153 BNSS is a legal rule that explains how to inform a person about an official order made by a Magistrate. Sometimes, people are not at home or purposely try to avoid receiving orders. In such cases, this section allows the government to notify the person in public so that the process of law can continue smoothly. It is a very important step in maintaining law and order, especially in cases of public nuisance or urgent dangers.
What is BNSS Section 153 ?
BNSS Section 153 is about how a legal order should be delivered or notified to a person. If a Magistrate passes an order against someone (like to stop a nuisance or remove a danger), this section tells how that order should reach the person. If possible, the order should be personally delivered (served like a summons). But if the person is not available, then the order can be publicly announced (proclaimed) and pasted in common places like notice boards, village squares, or public offices so the person and others are informed. This ensures that no one can avoid legal orders by hiding, and public safety and justice are not delayed.
BNSS Section of 153 in Simple Points
1. Direct Service of Order
The first way to inform the concerned person is by serving the order directly to them. This is done using the same method used to send legal summons. It involves either delivering the order in person or through a recognized process. This ensures the person knows about the order and has a chance to respond. Direct service is always preferred because it is clear, legal, and avoids confusion.
2. Alternative: Public Notification
If direct service is not possible—for example, if the person is missing or avoiding notice—the law allows the Magistrate to publish the order publicly. This is done through a proclamation, which is a public announcement. The State Government decides how this proclamation must be made (such as through loudspeakers or printed posters), making sure the public can hear or see it.
3. Placing the Order in Visible Locations
In addition to the public proclamation, the order must also be pasted or displayed in places where the person or local people are likely to see it. For example, it can be pasted on the wall of their house, at the village notice board, or any public space nearby. This method ensures that the information reaches the right person, even if not handed directly.
4. Legal Compliance and Fair Notice
This section ensures that no one can claim ignorance of an order. By either direct service or public notification, the law guarantees fair legal communication. It respects the right of the person to know about actions being taken against them. At the same time, it prevents people from avoiding legal responsibility by hiding or being unavailable.
5. Flexibility for Urgent Situations
BNSS Section 153 offers flexibility to Magistrates and authorities in difficult or urgent situations. If someone is untraceable, the public announcement ensures the legal process doesn’t stop. This is especially useful in emergency or dangerous scenarios like unlawful construction, dangerous animals, or hazardous materials where immediate action is needed for public safety.
Section 153 of BNSS Overview
BNSS Section 153 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how an official order (like one issued under BNSS Section 152) must be delivered or notified to the person concerned. The main goal of this section is to ensure that people are properly informed about legal orders that affect them.
There are two main ways this can happen:
- Personal service – If possible, the order should be delivered directly to the person (just like serving a court summons).
- Public notification – If personal delivery is not possible, the order can be made public through proclamation and posting copies in visible places, as per rules set by the State Government.
BNSS Section 153 – 10 Key Points
1. Personal Service Is the First Priority
The law prioritizes that the order should be personally served to the individual against whom it is issued. This means the Magistrate or authorities must try to deliver the order directly to the concerned person, just like a legal summons. This ensures transparency and gives the person a fair opportunity to comply or contest the order. Personal service adds credibility and avoids confusion.
2. Service Follows Summons Procedure
BNSS 153 says that the method of serving the order should follow the same procedure used for serving summons. That means the order must be handed over directly to the person or someone at their residence or workplace. If the person is not available, the rules that apply to summons also apply here to ensure proper legal communication.
3. Backup Plan – Public Notification
If it is not possible to serve the order directly, the law provides a backup method. The order should be notified publicly through a proclamation. This is especially important when the person is hiding, has moved without leaving an address, or cannot be traced. The goal is to ensure the person still receives the message, even if not face-to-face.
4. Proclamation Must Follow Government Rules
The public notification or proclamation must be done according to rules set by the State Government. These rules may include announcements through local newspapers, public notice boards, or announcements in the community. This ensures that the method used is valid, legal, and cannot be challenged later.
5. Order Copy Should Be Posted in Key Locations
A copy of the order must be stuck or posted in places where the person is likely to see it. These locations may include their house, workplace, village notice board, or public places near the area of concern. The purpose is to make the information as visible and accessible as possible.
6. Ensures Legal Notice Even Without Personal Contact
This section ensures that even if personal contact is not possible, the person cannot escape legal responsibility. As long as the authorities follow the notification steps correctly, the order is considered legally served. It prevents misuse of the law by people who try to hide or avoid receiving legal documents.
7. Helps Maintain Public Order and Safety
The proper serving of orders helps authorities take quick action against public nuisances or dangers. For example, if someone keeps dangerous animals or builds an unsafe structure, the law allows the magistrate to notify them quickly and legally, even if they are unavailable in person.
8. Protects the Rights of the Person Concerned
By following clear procedures, BNSS 153 protects the legal rights of the person involved. It gives them a chance to respond or comply with the order. No action is taken secretly or unfairly; the law ensures they are informed properly through accepted channels.
9. Prevents Delay in Legal Actions
Sometimes, people avoid receiving orders to delay legal proceedings. BNSS 153 solves this problem by allowing legal service through public notices. This avoids unnecessary delays and ensures that justice is not blocked due to technical reasons like “order not served.”
10. Complements Section 152 for Effective Execution
BNSS Section 153 works directly with Section 152, which allows magistrates to issue conditional orders to stop public nuisances. But issuing an order is not enough—it must reach the person. That’s where Section 153 becomes important—it ensures the order is served or publicly notified, so it can be enforced effectively.
Examples of BNSS Section 152
Example 1: Notice for Illegal Construction
A builder has started illegal construction in a public park. The Magistrate issues an order under BNSS 152 to stop the work. The police try to serve the order, but the builder goes missing. Using Section 153, the Magistrate publishes a proclamation in local newspapers and pastes a copy of the order on the park gate. This ensures the order is legally delivered.
Example 2: Dangerous Animal Owner Missing
A man owns a wild animal that has injured locals. The Magistrate issues an order under BNSS 152 for the animal to be removed. When police try to deliver the order, they find that the man has left the city. The Magistrate, under BNSS 153, announces the order publicly and pastes it on his house wall. The legal process continues without delay.
Section 153 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Personal Delivery Preferred | The Magistrate must try to serve the order directly to the person, following the same method as serving a legal summons. |
| 2. Backup Method if Not Possible | If direct delivery isn’t possible (e.g., person is missing), the order must be notified publicly. |
| 3. Public Proclamation Allowed | The order can be announced in public (proclamation), as per rules framed by the State Government. |
| 4. Physical Posting of Order | A copy of the order must be posted in public places where the person is likely to see it. |
| 5. Legal Compliance Ensured | This section ensures the person affected is properly informed and given a fair chance to respond. |
Why BNSS Section 153 is Needed ?
BNSS Section 153 is very important for making sure that people who are involved in a legal or public safety matter actually receive and understand the orders given by a Magistrate. Many times, people try to avoid receiving legal notices by staying away or not being available. In such situations, if the legal process stops just because the person is not reachable, it can be very harmful to the public and delay justice.
To prevent this problem, BNSS Section 153 gives a clear legal way for authorities to deliver or notify such orders. It allows two main ways of informing the person:
- Direct service – if possible, the order should be given to the person face-to-face, like serving a summon.
- Public notification – if the person cannot be found, the order should be announced publicly and pasted at important places so that the person and others become aware.
This section is especially needed in urgent situations where public safety is at risk, such as:
- Illegal construction blocking a public road,
- Dangerous animals roaming freely,
- Hazardous materials being kept unsafely,
- Nuisance activities affecting local communities.
Without this section, a person could easily avoid legal action simply by not accepting the order. But with BNSS 153, the government can take action quickly and lawfully, even if the person is missing.
In short, BNSS 153 ensures that justice is not delayed, public safety is protected, and no one can escape responsibility by hiding or avoiding orders.
BNSS Section 153 FAQs
BNSS 153
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