Introduction to Section 155 BNSS / Penalty for Disobeying Section 154 Orders
BNSS Section 155 is an important legal provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that deals with what happens if a person disobeys a legal order given under Section 154. This section ensures that anyone who refuses to follow the instructions of the authorities faces consequences.
It helps maintain public peace, order, and discipline by penalizing non-compliance. The section acts as a legal tool to ensure that people do not ignore or avoid the directions given for the safety or smooth functioning of society.
What is BNSS Section 155 ?
BNSS Section 155 says that if a person does not follow the order given under Section 154—like doing a certain act or appearing to explain why they should not follow it—they will be punished as per Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023. Also, the original order becomes final and binding on them.
BNSS Section of 155 in Simple Points
1. Failure to Act Has Legal Consequences
BNSS Section 155 clearly states that if a person does not follow the order given under Section 154, it is not just a small mistake—it is a legal offence. The person is expected to either do the work mentioned in the order or appear and give a proper reason for not doing it. If they do neither, they will face legal punishment. This makes sure people do not ignore government or court orders.
2. Reference to Section 223 for Punishment
The punishment for not following the order is mentioned in Section 223 of the Bharatiya Nyaya Sanhita (BNS). So, Section 155 does not give the punishment directly but refers to another law where the punishment is explained. Section 223 usually includes penalties like fine, jail time, or both, depending on how serious the situation is. This connection ensures that proper legal action is taken against the person who disobeys the order.
3. Order Becomes Final (Absolute)
If a person does not follow the order or does not appear to explain themselves, the order given under Section 154 becomes “absolute”. This means it will now be treated as a final decision, and no more chances or explanations will be allowed. Authorities can now take strict steps to carry out the order without asking again. This helps in saving time and solving urgent matters quickly.
4. Supports Public Safety and Law
This section is very important when it comes to protecting public safety. Suppose someone is doing something dangerous like storing harmful chemicals or blocking a public road. If they are ordered to stop but ignore the order, Section 155 gives the power to take strong legal action. This helps the government control public nuisance and stop harm before it happens.
5. Respect for Government and Court Orders
One of the main goals of BNSS Section 155 is to make sure that orders from public authorities or courts are respected. If people begin to ignore such orders, it weakens the justice system. That’s why this law makes disobedience a punishable act. It reminds everyone that following legal instructions is not optional, it is a duty—and there will be serious results if someone fails to do so.
Section 155 of BNSS Overview
BNSS Section 155 clearly states what happens if someone ignores an order made under Section 154. If a person fails to follow the directions or does not appear to explain why they couldn’t comply, then they will face legal punishment as per Section 223 of the Bharatiya Nyaya Sanhita, 2023. Also, the temporary or conditional order given earlier will become final and absolute. This helps ensure public safety and that legal orders are respected.
10 Detailed Key Points of BNSS Section 155
1. Legal Obligation to Follow Section 154
When a person receives an official order under BNSS Section 154, they are legally required to either:
- Do the act as directed in the order, or
- Appear and explain why they cannot do it.
BNSS 155 makes it very clear that this legal duty cannot be ignored. If the person fails to act or respond, they are treated as non-compliant, and legal action follows.
2. Consequences of Non-Compliance
BNSS Section 155 ensures that ignoring an order under Section 154 is not a minor issue. If the person fails to perform the required task or does not appear before the authority, it leads to a penalty. This is meant to make people take such orders seriously and avoid creating public risk.
3. Reference to Section 223 of Bharatiya Nyaya Sanhita (BNS)
The penalty for not following the order under Section 154 is not given in detail in Section 155 itself. Instead, it refers to Section 223 of Bharatiya Nyaya Sanhita, 2023. This section deals with disobedience of public servant’s orders, and the punishment may include imprisonment, a fine, or both, depending on the case.
4. Makes the Order Absolute
If the person fails to act or does not show cause, then the conditional order under Section 154 becomes absolute. This means it is now final and will be enforced without any further hearing. The individual loses the chance to oppose it.
5. No Escape by Remaining Silent
Some people may think that by not replying or not showing up, they can delay the process or escape responsibility. But Section 155 closes this loophole. Even silence or non-appearance is taken as disobedience, and strict action can be taken.
6. Helps in Quick Handling of Public Danger
In situations like dangerous buildings, illegal activities, or public health threats, the government needs quick action. BNSS Section 155 allows authorities to act firmly if someone refuses to cooperate. This helps protect the public from harm without delay.
7. Supports Authority of Magistrates
The law empowers Magistrates to maintain public order and safety. BNSS 155 ensures that their orders are respected. If people ignore these orders, it weakens the system. So, this section makes sure their decisions are followed with seriousness.
8. Protects Society from Nuisance and Risk
This section is especially important for stopping nuisances—like illegal encroachments, unsafe storage of chemicals, or blocked public roads. If someone refuses to correct the issue, Section 155 ensures that they face legal consequences and public safety is restored.
9. Prevents Delays in Urgent Cases
In urgent or dangerous situations, time is very important. Section 155 discourages people from delaying action by not responding. This way, public interest is not harmed, and authorities can act immediately once the deadline is missed.
10. Strengthens the Legal Process
BNSS Section 155 ensures that the legal process does not become weak due to disobedience. It keeps the system strong by making it clear that every official order matters, and ignoring it brings real punishment. This promotes law and order in society.
Examples of BNSS Section 155
Example 1:
A shopkeeper is ordered by a Magistrate under Section 154 to remove gas cylinders stored in unsafe conditions. He ignores the order and doesn’t appear in court. Under Section 155, he is punished under BNS Section 223 and the order becomes final.
Example 2:
A tree leaning dangerously towards a public road is ordered to be removed by the owner. He neither acts nor shows up to explain. The authorities take action under Section 155 and impose penalties, and the tree is forcibly removed for public safety.
Section 155 of BNSS Short Information
| Key Point Name | Explanation |
|---|---|
| Legal Obligation | Must follow order under Section 154 or face penalty |
| Reference to Section 223 | Punishment comes as per Bharatiya Nyaya Sanhita Section 223 |
| Final and Absolute Order | If ignored, the Magistrate’s order becomes final |
| No Response = Disobedience | Ignoring the order is treated as breaking the law |
| Maintains Public Safety | Ensures urgent and dangerous situations are handled quickly |
Why BNSS Section 155 is Needed ?
BNSS Section 155 plays a very important role in maintaining law and order in society. It ensures that people take government or court orders seriously. When an authority, like a magistrate or government officer, issues an order under Section 154, it is usually for public safety, peace, or to avoid danger. But what if the person ignores that order? If there is no legal action for disobedience, it would be like saying the law has no power. That’s where Section 155 comes in.
1. To Enforce Obedience to Legal Orders
Many times, orders are given to prevent harmful activities—like stopping the construction of an illegal building or clearing a public road that has been blocked. If the person against whom the order is made ignores it, it can lead to danger, public nuisance, or loss of life or property. Section 155 makes sure that there is a legal penalty for ignoring such orders, which forces people to obey.
2. To Maintain Public Peace and Safety
Most orders under Section 154 are issued in urgent situations—where there is a danger to public life or property. If someone refuses to act quickly, it could lead to serious problems like riots, environmental damage, or accidents. Section 155 gives the government power to take fast action against people who refuse to cooperate, thus helping to keep peace in society.
3. To Avoid Delay in Legal or Government Work
If people are allowed to ignore legal orders without any punishment, they may continue creating trouble, and the government will have to issue more warnings again and again. This wastes time and weakens the justice system. Section 155 allows the government to make the order “absolute” (final) and act immediately when someone disobeys it, saving time and ensuring faster implementation.
4. To Show That the Law is Powerful and Respected
Laws are made not just to be written in books but to be followed and enforced. Section 155 helps show that ignoring the law has consequences. It builds respect for legal orders, courts, and government instructions. If there were no such provision, people might think that government warnings can be ignored without any fear of punishment.
5. To Prevent Future Disobedience
When one person is punished under Section 155 for ignoring an order, it also acts as a lesson or warning to others. It sends a strong message that disobeying official orders is a serious offence and will not be tolerated. This discourages future violations and keeps citizens more alert and responsible.
BNSS Section 155 FAQs
BNSS 155
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