Penalty For Failure To Comply With Section 154.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is a new law that replaces the Code of Criminal Procedure (CrPC). This section refers to the consequences of non-compliance with an order made under Section 154 of BNSS.
Section Code:
The exact code for this section is not available, as the BNSS is still under development. However, the section in question is likely to be similar to the corresponding section in the CrPC, which is:
“If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 221 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.”
Explanation: On Penalty For Failure To Comply With Section 154
This section outlines the consequences for a person who fails to comply with an order issued under Section 154 of the BNSS. Section 154 typically deals with the reporting of cognizable offences. This section states that if the person ordered to perform an act or appear in court fails to do so, they will be subject to the penalty stipulated in Section 221 of the Bharatiya Nyaya Sanhita, 2023. The order will then be made absolute, meaning it will be considered legally binding.
Illustration:
For instance, A police officer issues an order to a person under Section 154 to appear in court. This was to provide information about a crime. The person fails to appear, they could be subjected to the penalties prescribed in Section 221 of the BNSS. The order would then be considered final and enforceable.
Common Questions and Answers:
- Q: What penalties are prescribed under Section 221 of the BNSS?A: The specific penalties under Section 221 of the BNSS are not yet fully defined, as the law is still under development. However, it is expected that these penalties could include fines, imprisonment, or other sanctions.
- Q: Can a person be excused from complying with the order under Section 154?A: Yes, a person may be excused from complying with an order under Section 154 if they have a valid reason, such as illness or a legal impediment. They should provide evidence to support their claim.
- Q: What happens if a person fails to appear in court after being ordered to do so under Section 154?: If a person fails to appear in court as ordered, the court may issue a warrant for their arrest. They will be subject to the penalties under Section 221 of the BNSS.
