Code: Section 154 BNSS
Person to Whom Order Is Addressed to Obey or Show Cause
The person against whom such order is made shall—
(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing.
Explanation of Section 154 BNSS
Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lays down the obligations of a person to whom an order is directed. The section mandates two options:
- Compliance – The person must follow the instructions given in the order within the specified time and manner.
- Show Cause – If the person objects, they must appear before the authority and present their reasons against the order.
Additionally, modern technology is recognized under this provision as it allows hearings via audio-video conferencing, making legal proceedings more accessible.
Illustration
Example 1: Compliance with an Order
A factory owner receives an order to install pollution control measures within 30 days. They comply by setting up the required equipment within the specified period.
Example 2: Showing Cause
A street vendor receives an order to vacate a public space. Instead of leaving immediately, they appear via video conferencing before the Magistrate, presenting documents proving their legal right to conduct business there.
Example 3: Virtual Hearing
A businessman residing abroad is summoned regarding a regulatory violation. He attends the hearing through video conferencing, avoiding unnecessary travel while ensuring legal compliance.
Common Questions and Answers on Section 154 BNSS
1. What are the obligations under Section 154 BNSS?
The person must either obey the order or appear before the authority to contest it.
2. Can a person refuse to follow an order?
No, unless they successfully present valid reasons during the hearing.
3. How is “show cause” handled in BNSS?
The person must justify why they should not comply with the order, either in person or via video conferencing.
4. Is virtual hearing legally valid?
Yes, BNSS explicitly allows audio-video conferencing as an alternative to physical presence.
5. What happens if someone ignores the order?
Non-compliance without justification may lead to legal consequences, including fines or further action by authorities.
Conclusion
Section 154 BNSS ensures that individuals follow lawful orders while also providing them an opportunity to contest them if necessary. By incorporating virtual hearings, the provision streamlines legal proceedings and promotes accessibility.
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