Section 153 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Service Or Notification Of Order.

Code:

Section 153 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the service of an order when it is not practicable to serve it directly on the person against whom it is made.

Explanation:

This section provides an alternative method for serving an order when direct service is not feasible. It states that if direct service is not possible, the order can be served through a proclamation or electronic communication. The State Government has the authority to determine the specific method of electronic communication and the places where a copy of the order should be posted.

Illustration:

Imagine a situation where an individual is accused of a crime but cannot be located. In this case, the order (e.g., a warrant for arrest) cannot be directly served. Section 153 allows the authorities to publish a proclamation in local newspapers or use electronic communication (like emails or SMS) to inform the individual about the order. Additionally, a copy of the order might be posted in public places like community centers or police stations.

Common Questions and Answers: on Service Or Notification Of Order

• Q: What are the grounds for not being able to serve an order directly?
• A: There might be various reasons, such as the person being absent, their whereabouts being unknown, or they actively avoiding service.
• Q: How does the State Government decide on the method of electronic communication?

A: The State Government can issue rules that specify the permissible methods of electronic communication (e.g., email, SMS, mobile app notifications). These rules should ensure that the communication is reliable and reaches the intended recipient.

• Q: What is the purpose of posting a copy of the order in public places?
• A: This is done to provide widespread notice and inform the public about the order, increasing the likelihood of the individual becoming aware of it.