Section 133 CrPC: Conditional Order for Removal of Public Nuisance - Section 152 BNSS

Section 133 of the Code of Criminal Procedure, 1973 empowered specified Executive Magistrates to issue conditional orders for the removal of public nuisances. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 152 BNSS, applicable from 1 July 2024, subject to statutory savings for pending matters.

What is a conditional order for removal of nuisance?

A conditional order is an initial direction issued by a competent Executive Magistrate requiring a person to remove, regulate or prevent a specified public nuisance or danger within a stated time. Alternatively, the person may appear before the Magistrate and show cause why the direction should not be made final. It is a preventive public-law remedy rather than an ordinary adjudication of private property disputes.

Who may issue the order?

Under Section 133(1) CrPC and Section 152(1) BNSS, the competent authorities are the District Magistrate, Sub-divisional Magistrate, or another Executive Magistrate specially empowered by the State Government. They may act upon a police report or other information and may consider such evidence as they think fit.

Grounds for action under Section 133 CrPC and Section 152 BNSS

The six statutory categories are retained in substance in Section 152 BNSS:

1. Public obstruction: Unlawful obstruction or nuisance in a public place or in a road, river or channel lawfully used, or capable of lawful use, by the public.
2. Injurious trades or goods: A trade, occupation, or storage of goods harmful to the community's health or physical comfort, requiring prohibition, removal or regulation.
3. Fire or explosion risk: Building construction or disposal of substances likely to cause conflagration (a large destructive fire) or explosion.
4. Unsafe structures or trees: Buildings, tents, structures or trees at risk of falling and injuring nearby residents, workers or passers-by.
5. Unprotected hazards: Tanks, wells or excavations adjoining public ways or places that need fencing to protect the public.
6. Dangerous animals: Animals that must be destroyed, confined or otherwise dealt with to prevent danger.

Directions a Magistrate may issue

Depending on the particular nuisance, the conditional order may require removal of an obstruction; discontinuance or regulation of a harmful trade; removal or regulated storage of goods; prevention or stoppage of hazardous construction; safer disposal of dangerous substances; repair, support or removal of unsafe structures or trees; fencing of wells, tanks or excavations; or confinement, destruction or other lawful disposal of dangerous animals.

The order must specify the required action and time for compliance, while allowing the person addressed to appear and show cause in the manner prescribed by law.

Procedure after the conditional order

Section 133(2) CrPC: Civil Court restriction

Section 133(2) provides that no order duly made by a Magistrate under that section shall be called in question in a Civil Court. Section 152(2) BNSS retains this rule. The restriction concerns civil-court challenges to duly made orders; it does not eliminate applicable remedies before competent constitutional or criminal courts.

Meaning of public place

The statutory Explanation includes property belonging to the State, camping grounds, and grounds left unoccupied for sanitary or recreational purposes within the expression public place. Whether a particular place or obstruction falls within the provision depends on its facts and lawful public use.

Practical examples

• A blocked public drain or public pathway affecting residents may justify an inquiry and conditional direction to remove the obstruction.
• A dangerously leaning tree beside a busy public road may warrant a direction to secure or remove it.
• An uncovered well adjoining a public path may require protective fencing.
• A commercial activity causing serious community-wide health hazards may be regulated or prohibited on the statutory grounds.

How to seek action against a public nuisance

Affected persons may submit a written representation to the District Magistrate, Sub-divisional Magistrate or specially empowered Executive Magistrate. The representation should identify the location, nature and duration of the public nuisance, its effect on the community, persons responsible where known, and supporting material such as photographs, complaints, inspection reports or witness details. The Magistrate decides whether the statutory conditions justify initiating proceedings.

Official legislation and reference materials

For the authoritative legal text, consult the India Code official legislation portal, the National Crime Records Bureau BNSS section index, and the Bureau of Police Research and Development BNSS reference PDF. Check applicable notifications and the latest statutory amendments before relying on a provision.

Frequently asked questions

Which BNSS section replaces Section 133 CrPC?

Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 133 CrPC.

Can a Magistrate order the removal of an obstruction from a public road?

Yes, if the statutory requirements are met and the obstruction or nuisance affects a public place or a way lawfully used, or capable of lawful use, by the public.

Can a person challenge a conditional nuisance order?

The person addressed may appear and show cause under the statutory procedure. Section 152(2) BNSS restricts questioning duly made orders in a Civil Court, but other remedies may be available according to law.

Does the provision apply to purely private disputes?

It is directed at public nuisance or public danger. A dispute affecting only private rights without the requisite public element ordinarily calls for other legal remedies.

Legal note: This article is for general legal information. Jurisdiction, procedure, transitional savings and available remedies must be assessed against the facts and current statutory text.