Section 154: Person To Whom Order Is Addressed To Obey Or Show Cause
Code:
Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section pertains to the consequences of an order issued by a Magistrate.
Section 154 outlines the options available to the person against whom the order is made:
- (a) Perform the act: The individual can comply with the order by performing the specified act within the given time and manner.
- (b) Appear and show cause: Alternatively, the person can appear before the court, as directed in the order, and present their reasons for not complying with the order. This appearance can be facilitated through audio-video conferencing, if permitted.
Illustration: on Person To Whom Order Is Addressed To Obey Or Show Cause
Imagine a Magistrate issues an order, directing a person to remove a temporary construction obstructing a public road. The individual has two options:
- Remove the construction within the stipulated timeframe.
- Appear before the court and present their reasons for not removing the construction, such as a valid permit or ongoing legal proceedings.
Common Questions and Answers:
Q: What happens if the person fails to comply with the order or appear before the court?
A: Failure to comply with the order or appear before the court can result in legal consequences, such as a fine or imprisonment, as per the provisions of the BNSS.
Q: Can the individual be represented by a lawyer in the court proceedings?
A: Yes, the individual has the right to be represented by a lawyer in court proceedings.
Q: Is it mandatory to use audio-video conferencing for appearances?
A: The use of audio-video conferencing for appearances is at the discretion of the court. It may be permitted depending on the circumstances of the case and the availability of facilities.
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