Section 135 CrPC: Person to Obey or Show Cause Against a Public Nuisance Order
Section 135 of the Code of Criminal Procedure, 1973 provides two alternatives to a person receiving a conditional order for removal of a public nuisance: comply with the order or appear and show cause against it. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 154.
Meaning and purpose of Section 135 CrPC
Section 135 forms part of the statutory procedure dealing with public nuisances. After an Executive Magistrate issues a conditional order under Section 133 CrPC and it is served or notified under Section 134 CrPC, the person addressed must choose one of two statutory courses. The provision does not itself decide whether the nuisance allegation is established; it enables compliance or an opportunity to contest the conditional order.
Section 135 CrPC: Statutory provision
The person against whom such order is made shall:
- Clause (a) - Obey the order: Perform, within the time and in the manner specified in the order, the act directed by it; or
- Clause (b) - Show cause: Appear in accordance with the order and show cause against it.
The word "or" is important: the person is offered a choice between performing the required act and appearing to contest the conditional order, subject to the statutory process.
Section 154 BNSS: Corresponding current provision
Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Person to whom order is addressed to obey or show cause", carries forward the obligation to comply with a conditional nuisance order or to appear and show cause. The operative choice is materially the same as under Section 135 CrPC.
| Earlier procedure | Current corresponding procedure |
|---|---|
| Section 133 CrPC - Conditional order for removal of nuisance | Section 152 BNSS |
| Section 134 CrPC - Service or notification | Section 153 BNSS |
| Section 135 CrPC - Obey or show cause | Section 154 BNSS |
| Section 136 CrPC - Consequences of non-compliance | Section 155 BNSS |
| Section 137 CrPC - Public right denied | Section 156 BNSS |
| Section 138 CrPC - Inquiry where cause is shown | Section 157 BNSS |
What happens after service of the conditional order?
- Examine the order: Identify the alleged nuisance, the act required, the time allowed and the Magistrate before whom an appearance is directed.
- Comply if the direction is accepted: Carry out the specified act within the time and manner required, and preserve evidence of compliance.
- Appear to show cause if disputed: Attend as directed and place relevant documents, factual objections and evidence before the Magistrate.
- Follow the statutory inquiry: Where the existence of a public right is denied, the special procedure under Section 137 CrPC / Section 156 BNSS may apply. Other objections are considered through the hearing procedure under Section 138 CrPC / Section 157 BNSS.
Consequences of ignoring the order
Failure both to perform the required act and to appear to show cause can trigger the consequences provided by Section 136 CrPC or, under the current framework, Section 155 BNSS. The conditional order may be made absolute and further action may follow as provided by law. The exact consequence depends on the applicable procedure and the facts.
Practical examples
Obstruction of a public way: A person directed to remove an unlawful obstruction may remove it within the stipulated period or appear to dispute the basis of the direction.
Dangerous structure: An owner directed to repair or secure a dangerous building may comply or present evidence explaining why the conditional order should not be made absolute.
Alleged harmful trade: A business operator receiving an order concerning a trade allegedly injurious to community health may comply with the direction or contest the allegation through the prescribed procedure.
Frequently asked questions
Is a conditional order automatically final?
No. The statutory procedure permits the addressee to appear and show cause. The order may subsequently be made absolute in accordance with the applicable provisions.
Can the person ignore the order if it is disputed?
No. A person who disputes the order should appear as directed and raise the objection through the prescribed process rather than simply ignore it.
Which section applies after 1 July 2024?
Section 154 BNSS is the corresponding provision under the new procedural law. The correct law for a particular pending proceeding should be assessed with reference to the commencement and savings provisions.
Official statutory references
For the enacted legislation and subsequent amendments, consult the Government of India's India Code legislative database for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973. The Ministry of Home Affairs also publishes information relating to the new criminal laws.
This article is general legal information, not advice on a particular notice or proceeding. Check the latest official text, local rules and applicable judicial decisions.