(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 published 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.
Bharatiya Nagarik Suraksha Sanhita
Section 153
Service or notification of order
Englishहिंदी
⚡ Quick Answer Reference: Section 153 BNSS
- Provision: Section 153 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: This section explains how an order under the Bharatiya Nagarik Suraksha Sanhita should be served or notified to the person it affects. It outlines two methods: personal service like a summons, or public notification if personal service is not possible.
Statutory Content
What does Section 153 of BNSS say?
Indian StandardSection 153, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 153 (India)
Court Pleading StandardSection 153 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/153
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 153 of BNSS mean?
Plain English Explanation
This section explains how an order under the Bharatiya Nagarik Suraksha Sanhita should be served or notified to the person it affects. It outlines two methods: personal service like a summons, or public notification if personal service is not possible.
Practical Interpretation
In practice, authorities will first try to serve the order directly to the individual, following the same procedures used for serving summons. If this is not feasible, they will use public proclamation as directed by the State Government.
Core Legal Purpose
The core purpose is to ensure that the person against whom an order is made is informed about it, either directly or through public means, to comply with principles of natural justice and fairness.
Key Legal Elements
- •The order must be served in the manner provided for service of summons if practicable.
- •If personal service is not possible, the order shall be notified by public proclamation.
- •The key legal test is the practicability of serving the order personally.
- •The key exception or limitation is when personal service is not feasible, leading to public notification.
Practical Example
Practical Example of Section 153 BNSS
Rajesh is ordered to comply with a directive under the Bharatiya Nagarik Suraksha Sanhita. Initially, the authorities attempt to serve the order to Rajesh in person, following the standard summons service procedure. However, if Rajesh cannot be found or served directly, the authorities will then proceed to notify the order through a public proclamation as per the rules directed by the State Government, ensuring Rajesh and the public are informed.
Common Questions (FAQ)
Frequently Asked Questions about Section 153 BNSS
Q: What is the punishment or consequence under Section 153 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to any person against whom an order is made under the Bharatiya Nagarik Suraksha Sanhita, without specific distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences but rather with the procedure for serving or notifying orders, thus it is neither bailable nor cognizable in the context provided.
People Also Ask (PAA)
Common Questions about Section 153 BNSS
What is Section 153 of BNSS?
Section 153 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service or notification of order". In plain terms: This section explains how an order under the Bharatiya Nagarik Suraksha Sanhita should be served or notified to the person it affects. It outlines two methods: personal service like a summons, or public notification if personal service is not possible.
What is the punishment under Section 153 of BNSS?
Section 153 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 153 of BNSS bailable or non-bailable?
Whether Section 153 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 153 of BNSS?
The essential elements of Section 153 of BNSS are: The order must be served in the manner provided for service of summons if practicable.; If personal service is not possible, the order shall be notified by public proclamation.; The key legal test is the practicability of serving the order personally..
Landmark Case Laws
Landmark Judgments under Section 153 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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