Code: Section 155 BNSS
If the person against whom an order is made under section 154 does not perform
such act or appear and show cause, he shall be liable to the penalty specified in that behalf
in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.
Explanation of Section 155 BNSS
Section 155 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the consequences of failing to comply with an order under Section 154 BNSS. It establishes that:
- Legal Obligation – If an order under Section 154 is ignored, the individual faces legal consequences.
- Penalty under Section 221 BNS – The person becomes liable for penalties as per Section 221 of the Bharatiya Nyaya Sanhita (BNS), 2023, which may include fines or imprisonment.
- Order Becomes Absolute – If the person neither complies nor contests the order, it is enforced without further delay.
Illustration
Example 1: Failure to Remove a Nuisance
A shop owner is ordered under Section 154 BNSS to remove an illegal extension blocking a public pathway. If they fail to act or contest the order, the penalty under Section 221 BNS applies, and the structure is forcibly removed.
Example 2: Ignoring a Summons
A factory owner ordered to install pollution control measures under Section 154 BNSS does not comply. The court imposes fines as per Section 221 BNS, and the order is executed.
Example 3: Virtual Hearing Avoidance
An individual ordered to appear via audio-video conferencing refuses to show up. The court treats the order as absolute and initiates legal action under Section 221 BNS.
Common Questions and Answers on Section 155 BNSS
1. What happens if a person does not comply with Section 154 BNSS?
Failure to comply results in penalties under Section 221 BNS, which may include fines or imprisonment. The order also becomes legally enforceable.
2. Can a person challenge an order under Section 155 BNSS?
No, once a person fails to contest it under Section 154 BNSS, the order is automatically enforced.
3. What kind of penalties does Section 221 BNS impose?
Section 221 BNS prescribes specific punishments, including fines and imprisonment, depending on the severity of non-compliance.
4. Can the order be enforced forcibly?
Yes, once the order becomes absolute, authorities can take direct action, such as demolishing illegal structures or imposing penalties.
5. Does this section apply to virtual hearings?
Yes, non-appearance in virtual hearings under Section 154 BNSS also leads to penalties under Section 155 BNSS.
Conclusion
Section 155 BNSS ensures compliance with legal orders by enforcing strict penalties under Section 221 BNS. It plays a crucial role in maintaining public order and preventing legal defiance.
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