Bharatiya Nagarik Suraksha Sanhita, 2023
Section 154
Person to whom order is addressed to obey or show cause
The person against whom such order is made shall—
(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier found in the Code of Criminal Procedure) that allows magistrates to issue conditional orders—for example, to remove a public nuisance or obstruction—without first holding a full hearing. Fairness requires that the affected person get a real chance to either comply or contest the order before it becomes final. The addition allowing audio-video conferencing reflects the 2023 modernization of criminal procedure, making it easier for people to contest orders remotely rather than always traveling to appear physically.
Common misconceptions
- Myth: You must always appear in person to contest such an order.
Fact: The law now explicitly allows appearance or hearing through audio-video conferencing, so physical presence isn't always required. - Myth: Ignoring the order and doing nothing is a valid third option.
Fact: The provision only gives two paths—comply or appear and show cause—implying that ignoring the order isn't a lawful response.