Code: Section 153 BNSS
Service or Notification of Order
(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 or by electronic communication 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.
Explanation of Section 153 BNSS
Section 153 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the service or notification of a legal order. The law provides two primary ways to ensure the person receives the order:
- Direct Service – The order should be served personally, following the same procedure as summons service.
- Alternative Notification – If direct service is not possible, the order is:
- Announced through a public proclamation.
- Communicated via electronic means such as email, SMS, or government websites.
- Displayed publicly at relevant locations for maximum visibility.
This ensures that individuals cannot escape legal obligations by avoiding personal service.
Illustration
Example 1: Direct Service
A shop owner is violating zoning laws, and the Magistrate issues an order to cease operations. The order is hand-delivered following the procedure for summons.
Example 2: Public Proclamation
A person evades a demolition order by leaving town. Since direct service is impossible, the order is publicly announced through loudspeakers and posted at the local Municipal Office.
Example 3: Electronic Notification
A factory violating pollution norms is served a closure order through an official government email and an announcement on the district administration’s website.
Common Questions and Answers on Section 153 BNSS
1. How should an order be served under Section 153 BNSS?
If feasible, the order must be delivered personally, just like a legal summons.
2. What happens if the order cannot be served personally?
It will be notified through public proclamation, electronic communication, or posted notices.
3. Who determines the method of electronic communication?
The State Government sets the rules for electronic notification.
4. Can electronic service be legally valid?
Yes, as long as it follows the government’s prescribed methods.
5. What if a person ignores a publicly notified order?
Failure to comply with a validly notified order can lead to legal consequences.
Conclusion
Section 153 BNSS ensures that legal orders reach the concerned person effectively. Whether by personal service, public proclamation, or electronic means, this provision prevents individuals from evading legal responsibility.
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