BNSS Section 154: Public to Assist Magistrate and Police (2026)
What Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) does: once a Magistrate passes a conditional order to remove a public nuisance, this section tells the person either to carry it out in time or to appear and show cause against it. It carries forward Section 135 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure law in force since 1 July 2024, is one step in how a Magistrate deals with a public nuisance. After the Magistrate passes a conditional order under Section 152 to remove the nuisance, Section 154 tells the person who is responsible to do one of two things: carry out the order within the time fixed, or come forward and show cause why it should not be enforced. It carries forward Section 135 of the old Code of Criminal Procedure. If you are looking up "Section 154" expecting the FIR rule, note the numbers have moved: the FIR provision is now Section 173 of the BNSS. This explainer sets out what Section 154 actually covers. Last verified October 2026.
- What it is: Section 154 of the BNSS tells a person served with a conditional nuisance order under Section 152 to obey it in time or appear and show cause against it.
- Old section: it carries forward Section 135 of the Code of Criminal Procedure, 1973.
- Not the FIR rule: the FIR provision, which was old CrPC Section 154, is now Section 173 of the BNSS.
- New feature: the appearance before the Magistrate can be allowed through audio-video means.
01A common point of confusion
Two mix-ups are common with "Section 154" under the new codes, and it helps to clear them first.
- It is not the FIR section. In the old CrPC, Section 154 was the famous FIR provision. Under the BNSS, the FIR rule has moved to Section 173.
- It is not "public to assist police". The rule that the public must assist a Magistrate or police officer is Section 31 of the BNSS, which was Section 37 of the old CrPC, not Section 154.
BNSS Section 154 is a different, narrower rule. It is part of the public nuisance process and simply tells a person to obey a conditional order or appear and show cause. That rule was Section 135 of the old CrPC.
02What Section 154 says
When a Magistrate makes a conditional order under Section 152 to remove a public nuisance, such as an obstruction on a road, an unsafe building, or a trade that harms the neighbourhood, that order is served on the person responsible. Section 154 then gives that person a clear choice.
The two options
The person must either (a) do the act directed by the order, within the time and in the manner fixed in it, or (b) appear before the Magistrate and show cause against the order. Under the BNSS, the appearance may be allowed through audio-video means.
In short, Section 154 is the "obey or object" step. The person cannot simply ignore the order. Either the nuisance is removed as directed, or the person comes to court and argues that the order is wrong or unnecessary.
03Where it fits in the nuisance process
Section 154 does not stand alone. It is one link in a short chain of sections that deal with public nuisance:
| Step | What happens | Section |
|---|---|---|
| Conditional order | The Magistrate orders removal of the nuisance, subject to cause being shown | Section 152 |
| Obey or show cause | The person must carry out the order or appear and object | Section 154 |
| Failure to act | If the person does neither, the order can be enforced and a penalty can follow | Section 155 |
So Section 154 is the hinge between the order and its enforcement. The underlying wrong, public nuisance as an offence, is dealt with separately; see public nuisance under the BNS. For urgent situations, a Magistrate has the wider power to pass prohibitory orders under Section 163.
04Old to new: CrPC 135 to BNSS 154
Section 135 of the Code of Criminal Procedure, 1973 is now Section 154 of the BNSS. The substance, obey the conditional order or appear and show cause, is carried over.
Because the wording is carried over, judgments decided under Section 135 of the CrPC continue to guide how Section 154 of the BNSS is read.
05What changed
The core duty did not change. The person who is served with a conditional order on a public nuisance must still either comply or appear and show cause. The main addition in the BNSS is that the appearance before the Magistrate can be allowed through audio-video conferencing, which fits the wider push in the new codes towards digital and remote procedure.
One practical note: Section 154 is a procedure provision, so it has no punishment of its own. It does not make anything a cognizable, bailable or triable offence. It simply tells the person what to do once a conditional order is passed. The consequences of ignoring the order come under the next sections.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Public nuisance orders turn on local facts, and how a Magistrate or High Court has treated a similar obstruction, structure or trade often decides the outcome. Claw lets you search more than 30 crore judgments to see how courts have applied the conditional order and show-cause process, with Supreme Court rulings from 1950 and High Court rulings from 1990, and results in under 5 seconds. You can also follow a live matter, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums.
Claw does not use the documents you upload to train its AI models. Create a free Claw account to look up how Section 154 of the BNSS, and Section 135 of the old CrPC, have been applied, and to track a pending matter. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- PRS Legislative Research (BNSS overview and comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 154 of the BNSS?
Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says a person against whom a conditional order on a public nuisance is made under Section 152 must either carry out the order within the fixed time, or appear and show cause against it. It restates Section 135 of the old CrPC.
Is Section 154 of the BNSS about FIR?
No. In the old CrPC, Section 154 was the FIR provision. Under the BNSS, the FIR rule has moved to Section 173. BNSS Section 154 deals with obeying or showing cause against a public nuisance order.
Which old CrPC section does BNSS 154 replace?
It carries forward Section 135 of the Code of Criminal Procedure, 1973, which had the same heading, "Person to whom order is addressed to obey or show cause." The duty to obey or show cause is unchanged.
What are the two options under Section 154?
The person must either do the act directed by the conditional order, within the time and manner fixed, or appear before the Magistrate, including through audio-video means, and show cause why the order should not be enforced.
Is Section 154 an offence with a punishment?
No. It is a procedure provision and has no punishment or cognizable, bailable or triable status of its own. It only sets out what the person must do once a conditional order is passed; the consequences of ignoring it come under the next sections.
Can I find court decisions on nuisance orders in Claw?
Yes. Claw lets you search more than 30 crore judgments on the conditional order and show-cause process under Section 154 or the old Section 135, by party or advocate, with results in under 5 seconds, and track orders and hearings across 9,102 courts, benches and forums. It researches and tracks the matter but does not give legal advice.