Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers Executive Magistrates to address public nuisances and hazards that threaten public safety, health, or convenience. This provision is designed to enable swift administrative action to prevent or mitigate such threats.
📜 Text of Section 152 – Conditional Order for Removal of Nuisance
(1) An Executive Magistrate—specifically a District Magistrate, Sub-Divisional Magistrate, or another Magistrate specially empowered by the State Government—may issue a conditional order upon receiving a police report or other information and after considering any evidence deemed appropriate. The Magistrate must be satisfied that:
(a) An unlawful obstruction or nuisance exists in any public place, way, river, or channel lawfully used by the public;
(b) A trade, occupation, or the keeping of goods or merchandise is injurious to public health or comfort, necessitating prohibition, regulation, removal, or regulation of such goods;
(c) The construction of a building or disposal of a substance is likely to cause fire or explosion, requiring prevention or cessation;
(d) A building, tent, structure, or tree is in a condition likely to fall and cause injury, necessitating removal, repair, or support;
(e) A tank, well, or excavation adjacent to a public place should be fenced to prevent public danger;
(f) A dangerous animal should be destroyed, confined, or otherwise disposed of.
The Magistrate may direct the person responsible to:
Remove the obstruction or nuisance;
Cease or regulate the trade or occupation;
Prevent or stop the construction or disposal of substances;
Remove, repair, or support the building, tent, structure, or tree;
Fence the tank, well, or excavation;
Destroy, confine, or dispose of the dangerous animal.
If the person objects, they must appear before the Magistrate or a subordinate Executive Magistrate at a specified time and place to show cause why the order should not be made absolute.
(2) No order made under this section shall be questioned in any Civil Court.
Explanation: A "public place" includes property belonging to the State, camping grounds, and grounds left unoccupied for sanitary or recreational purposes.
⚖️ Purpose and Implications
Section 152 is a preventive measure aimed at maintaining public order and safety. It allows Executive Magistrates to take prompt action against various public nuisances and hazards without the need for lengthy judicial proceedings. This provision is particularly relevant in situations where immediate intervention is necessary to prevent harm to the public.
The scope of this section is broad, encompassing a wide range of potential threats to public safety and health. By granting Executive Magistrates the authority to issue conditional orders, the BNSS seeks to empower local authorities to act swiftly and effectively in mitigating risks.
However, the provision also raises questions about the balance between administrative authority and individual rights. While the intent is to protect the public, there is a need to ensure that such powers are exercised judiciously and with due regard for due process.
🧭 Related Provisions
Section 153: Procedure after the issuance of a conditional order under Section 152.
Section 154: Power to make a final order if the person fails to comply with the conditional order.
Section 155: Provision for appeal against the final order made under Section 154.
Section 156: Procedure where the existence of a public right is denied.
These sections collectively provide a framework for addressing public nuisances and hazards, ensuring that there is a structured process for intervention, compliance, and recourse.
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