Section 134 CrPC: Service or Notification of Order - Section 153 BNSS

Section 134 of the Code of Criminal Procedure, 1973 sets out how a conditional order concerning a public nuisance is to be served on the affected person. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 153 BNSS.

Legal position reviewed: 17 October 2026

What does Section 134 CrPC provide?

Section 134 forms part of the procedure for dealing with public nuisances. After a competent Executive Magistrate makes a conditional order under Section 133 CrPC, the law prescribes how the order must be brought to the notice of the person against whom it is made.

Section 153 BNSS: The present corresponding provision

Section 153 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Service or notification of order". It preserves the two-stage method: first, service in the manner provided for summons where practicable; second, proclamation and affixing a copy when such service cannot be achieved.

Section 153(1) addresses direct service. Section 153(2) provides for publication of a proclamation in accordance with State Government rules and affixing a copy at an appropriate location. The precise mode of summons service must be considered with the applicable BNSS provisions and rules; Section 153 does not by itself dispense with statutory service requirements.

How service or notification works

1. Conditional order: The Magistrate first issues a conditional nuisance-removal order under Section 152 BNSS (formerly Section 133 CrPC).
2. Attempt service: The order is served on the addressee, where practicable, using the prescribed procedure for service of summons.
3. Alternative notification: If such service cannot be effected, the order is notified through a proclamation in the manner prescribed by the State Government rules.
4. Affix the copy: A copy is displayed at a place or places suited to bringing the order to the person's attention.
5. Next procedural stage: The addressee must comply with the order or appear and show cause as provided under Section 154 BNSS (formerly Section 135 CrPC).

CrPC and BNSS section references

Why proper service matters

Service or valid alternative notification gives the affected person notice of the Magistrate's order and an opportunity to take the next step permitted by law. The adequacy of service may become important if later proceedings are challenged on grounds of defective notice or failure to follow the statutory procedure.

A proclamation is not the ordinary first step under Section 134 or Section 153. The statutory wording contemplates its use where service in the prescribed summons manner cannot be achieved. The applicable State rules and the facts of the case should be checked before deciding whether notification was legally sufficient.

Frequently asked questions

Which BNSS section corresponds to Section 134 CrPC?

Section 153 BNSS deals with service or notification of an order relating to public nuisance.

Can a nuisance order be notified by proclamation?

Yes. Where service in the manner provided for summons is not practicable, the provision allows notification by proclamation in accordance with State Government rules, together with affixing a copy at a suitable location.

What happens after the order is served?

The person concerned must comply with the conditional order or appear and show cause in accordance with Section 154 BNSS or, where applicable, Section 135 CrPC.

Official legal sources

For the authoritative statutory text and applicable amendments, consult the India Code portal for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The Bureau of Police Research and Development BNSS handbook (PDF) provides a CrPC-to-BNSS comparison. State Government rules may also be relevant to the form and publication of a proclamation.

This article is for general legal information. The applicable statute, procedural rules and judicial directions should be checked for each case.