Section 136 CrPC: Consequences of Failing to Obey or Show Cause
Section 136 of the Code of Criminal Procedure, 1973 dealt with the consequences when a person failed to comply with a conditional order for removal of a public nuisance or failed to appear and show cause. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 155.
What Section 136 CrPC provides
Section 136 - Consequences of failing to do so
If a person against whom a conditional order has been made neither performs the act required by the order nor appears to show cause, that person is liable to the penalty prescribed under Section 188 of the Indian Penal Code, 1860, and the conditional order shall be made absolute.
This restates the substance of the original provision. Section 136 operates in the procedure for dealing with public nuisances and should be read together with Section 133 CrPC (conditional order), Section 134 CrPC (service or notification) and Section 135 CrPC (obey or show cause).
Section 155 BNSS: Corresponding provision
Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Penalty for failure to comply with section 154. It addresses the same procedural default: failure to perform the directed act or to appear and show cause in response to a conditional order. It provides for the conditional order to be made absolute and refers to the penalty under Section 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the new-law provision concerning disobedience to an order duly promulgated by a public servant.
| Earlier law | Current corresponding law |
|---|---|
| Section 133 CrPC - Conditional order for removal of nuisance | Section 152 BNSS |
| Section 134 CrPC - Service or notification of order | Section 153 BNSS |
| Section 135 CrPC - Obey or show cause | Section 154 BNSS |
| Section 136 CrPC - Consequences of failure | Section 155 BNSS |
| Section 188 IPC - Disobedience to order duly promulgated by public servant | Section 223 BNS |
How the process works
1. A conditional order is issued
An empowered Executive Magistrate may make a conditional order to address a public nuisance, such as obstruction of a public way, a hazardous structure or another condition falling within the statutory grounds.
2. The order is served or notified
The order is served on the person concerned, if practicable, or notified through the statutory procedure. Proper communication of the order is important when assessing compliance and any alleged disobedience.
3. The person must obey or show cause
The person may perform the directed act within the specified time or appear before the Magistrate and contest the proposed order in accordance with the prescribed procedure.
4. Default makes the order absolute
When the person does neither, the law provides for the conditional order to be made absolute. Potential criminal liability for disobedience is a separate matter requiring satisfaction of the applicable offence and procedural requirements; it should not be treated as an automatic conviction.
What does an order becoming absolute mean?
An absolute order is no longer merely conditional on the person being given an opportunity to comply or show cause. The Magistrate may proceed under the applicable statutory enforcement provisions. The specific enforcement steps and consequences depend on the facts and the governing law.
Important procedural safeguards
The distinction between failure to appear and appearing to show cause matters. Where the person appears and contests the order, the subsequent inquiry procedure applies rather than treating the case as an uncontested default. Questions of valid service, the time allowed, jurisdiction, the existence of a public nuisance and the applicability of transitional provisions may be relevant.
Official legislation and references
The authoritative text and any amendments should be checked on India Code, Government of India for the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Indian Penal Code, 1860 and the Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also publishes materials relating to the new criminal laws.
This article provides general legal information, not advice on a particular case. The applicable statute and procedural stage should be verified before action is taken.