Section 152 BNSS: Conditional order for removal of nuisance

Section 152 BNSS Bare Act Text

(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order—

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation.

A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

Source: Section 152, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 152 BNSS in Simple Words

When Section 152 BNSS Applies

• A District Magistrate, a Sub-divisional Magistrate, or another Executive Magistrate specially empowered by the State Government may initiate proceedings on receiving a police officer report or other information and after taking such evidence as the Magistrate thinks fit.
• The Magistrate may make a conditional order against a person causing an unlawful obstruction or nuisance in any public place, including State property, camping grounds, and unoccupied sanitary or recreative grounds, or in any way, river, or channel lawfully used by the public, or against a person conducting a trade or occupation or keeping goods or merchandise that is injurious to the health or physical comfort of the community.
• The Magistrate may issue a conditional order to the person owning, possessing, or controlling a building or substance when building construction or substance disposal is likely to occasion conflagration or explosion, or when a building, tent, structure, or tree is in a condition likely to fall and cause injury to persons living or carrying on business in the neighbourhood or passing by.
• The Magistrate may also issue a conditional order to the owner, possessor, or controller of a tank, well, or excavation adjacent to a public way or public place requiring it to be fenced to prevent public danger, or to the owner or possessor of a dangerous animal requiring it to be destroyed, confined, or otherwise disposed of.
• If the person against whom the conditional order is made objects to carrying out the directed action, the order requires that person to appear before the issuing Magistrate or a subordinate Executive Magistrate to show cause why the order should not be made absolute.
• Under Section 152(2) BNSS, no order that has been duly made by a Magistrate under Section 152 BNSS shall be called in question in any Civil Court.

Time Limits Under Section 152 BNSS

• A conditional order under Section 152(1) BNSS requires the person to perform the directed removal, regulation, repair, support, fencing, or disposal within a time fixed in the order.Act text: “within a time to be fixed in the order”
• A person who objects to performing the action required by the conditional order must appear to show cause why the order should not be made absolute at a time and place fixed by the order.Act text: “at a time and place to be fixed by the order”

Example of Section 152 BNSS

When Section 152 BNSS Does Not Apply

• An Executive Magistrate who is not a District Magistrate or a Sub-divisional Magistrate and has not been specially empowered in this behalf by the State Government cannot issue a conditional order under Section 152(1) BNSS.
• Section 152(1)(a) BNSS does not apply to an obstruction or nuisance that is not located in a public place or in a way, river, or channel which is or may be lawfully used by the public.
• Section 152(1)(b) BNSS does not apply where the conduct of a trade or occupation, or the keeping of goods or merchandise, is not injurious to the health or physical comfort of the community.
• Section 152(1)(c) BNSS does not apply to the construction of a building or the disposal of a substance unless it is likely to occasion conflagration or explosion.

Section 152 BNSS in the CrPC (Previous Law)

FAQs on Section 152 BNSS

Section 152 BNSS: Sub-sections Explained