Bharatiya Nagarik Suraksha Sanhita, 2023
Section 155
Penalty for failure to comply with section 154
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 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier found in the Code of Criminal Procedure) dealing with conditional orders issued by magistrates—commonly used for public nuisances, obstructions, or urgent situations requiring quick action. The law gives the person time to comply or object, but if they simply ignore the order, there must be a consequence. Section 155 supplies that consequence: criminal penalty plus making the order final, ensuring that magisterial directions are not toothless.
Common misconceptions
- Myth: Ignoring a magistrate's conditional order under Section 154 makes it go away.
Fact: Ignoring it actually makes the order permanent and adds criminal liability under Section 223 of the Bharatiya Nyaya Sanhita, 2023.