Bare Provision from the BNSS and CrPC.
Section-152 of Bharatiya Nagarik Suraksha Sanhita, 2023: Conditional order for removal of nuisance – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code.
First let us compare both the section where you will see that there is no change in provision of law except change in the section number. Comparative table is shared below.
| Bhartiya Nagarik Suraksha Sanhita, 2023 | Code of Criminal Procedure, 1973 |
|---|---|
| (Applicable from July 1, 2024) | (Applicable upto June 30, 2024) |
| 152. Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order— (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or (iii) to regulate the keeping thereof in such manner as may be directed; or to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation.—A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. | 133. Conditional order for removal of nuisance. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order— (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or (iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation.—A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. |
The substantive content of Section 152 BNSS is virtually identical to Section 133 CrPC. The word “Code” has been replaced with “Sanhita”, and the word “way” in clause (a) now omits “river” as a separate category, but the scope and application remain the same.
Introduction
Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1st July 2024, deals with the conditional order for removal of nuisance. It directly corresponds to Section 133 of the CrPC.
This provision empowers an Executive Magistrates to pass swift, preventive orders for the removal of public nuisances threatening health, safety, or the comfort of the community. Whether it is an unlawful obstruction on a public road, a dangerous building about to collapse, a polluting factory, or a hazardous animal, Section 152 BNSS provides a quick remedy outside civil court litigation.
In the landmark case of Municipal Council, Ratlam v. Vardhichand (1980), the Supreme Court called Section 133 CrPC (now Section 152 BNSS) a powerful instrument that operates as a mandatory public duty, not a mere discretionary power. This principle continues to govern the interpretation of Section 152 BNSS. Meaning that the state has taken it upon itself to stop nuisance at public places without waiting for a complaint from the victim of such nuisance.
What Does Section 152 BNSS Provide?
Section 152 of the BNSS empowers a jurisdictional District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially to issue a conditional order for the removal or abatement of public nuisance upon receiving a police report or other credible information.
Corresponding Provision Under CrPC
| BNSS (New Law) | CrPC (Old Law) |
|---|---|
| Section 152 | Section 133 |
| Section 153 (Service of order) | Section 134 |
| Section 154 (Obey or show cause) | Section 135 |
| Section 155 (Penalty for failure) | Section 136 |
| Section 156 (Denial of public right) | Section 137 |
| Section 157 (Show cause and proceedings completion procedure) | Section 138 |
| Section 158. (local investigation and expert opinion) | Section 139 |
| Section 160 (Order made absolute) | Section 141 |
Essential Ingredients of Section 152 BNSS
For a valid conditional order under Section 152 BNSS, the following essential elements must be satisfied:
1. Competent Authority: The order can only be passed by a District Magistrate, Sub-Divisional Magistrate, or an Executive Magistrate specially empowered by the State Government. A Judicial Magistrate has no jurisdiction under this provision.
2. Receipt of Information: The Magistrate must act upon a police report or other information. This includes complaints from citizens, reports from municipal bodies, or even suo motu cognizance based on credible material.
3. Application of Mind and Evidence: The Magistrate must take such evidence as he deems fit and must satisfy himself that a nuisance or obstruction exists. Mechanical orders without application of mind are liable to be set aside.²
4. Nature of Nuisance — Six Specified Grounds: Section 152(1) covers the following categories:
- (a) Unlawful obstruction or nuisance in any public place, way, river, or channel lawfully used by the public
- (b) Trade or occupation injurious to the health or physical comfort of the community
- (c) Construction of a building or disposal of substance likely to cause fire or explosion
- (d) Dangerous or dilapidated building, tent, structure, or tree likely to fall and cause injury
- (e) Unfenced tank, well, or excavation adjacent to a public way posing danger
- (f) Dangerous animal that needs to be destroyed, confined, or disposed of
5. Conditional Nature: The order must be conditional, giving the person a specified time to either comply or appear before the Magistrate and show cause why the order should not be made absolute.
6. Bar on Civil Court Jurisdiction: Under Section 152(2), no order passed under this provision can be called into question in any Civil Court. This bar is absolute.
7. Punishable u/s 221 BNS in case of violation of order u/s 154 BNSS as per s. 155 BNSS.
Who Can Invoke Section 152 BNSS?
The following persons and authorities can trigger proceedings:
- Any aggrieved citizen or group of citizens through a written complaint to the Executive Magistrate
- A police officer through a formal report
- A municipal body or local authority bringing a nuisance to notice
- The Executive Magistrate acting suo motu upon receiving credible information
Important: The nuisance must be a public nuisance, not a private dispute. As the Patna High Court held in 2024, proceedings under Section 133 CrPC (now Section 152 BNSS) cannot be initiated unless the public at large is affected. A purely private grievance, such as a dispute over an easementary right, does not attract this provision.
Step-by-Step Procedure Under Section 152 BNSS
Step 1 — Complaint or Report: A citizen files a written complaint before the Executive Magistrate, or the Magistrate receives a police report about a public nuisance or he by himself take note of the nuisance as enumerated above.
Step 2 — Preliminary Satisfaction: The Magistrate takes evidence (if any) as he thinks fit and forms a prima facie opinion that the nuisance exists.
Step 3 — Conditional Order (Section 152): The Magistrate passes a conditional order directing the person to remove the nuisance within a specified time, OR to appear before the Magistrate to show cause why the order should not be made absolute.
Step 4 — Service of Order (Section 153 BNSS): The conditional order is served on the person in the manner prescribed for service of summons. If service is not possible, it is notified by public proclamation, which may be by pasting the notice at site or by newspaper publication.
Step 5 — Compliance or Show Cause (Section 154 BNSS): The person can either comply with the order within the specified time, or appear and show cause against the order. Appearance through audio-visual conferencing is now expressly permitted under the BNSS.
Step 6 — Inquiry and Evidence (Section 157 BNSS): If the person appears and shows cause, the Magistrate holds an inquiry. Evidence is taken in the manner prescribed for summons-cases. The procedure has to be summary.
Step 7 — Order Made Absolute or Discharged (Section 160 BNSS): After inquiry, if the Magistrate is satisfied, the conditional order is made absolute. If not, the order is discharged. Non-compliance with the absolute order attracts penalties under Section 155 BNSS.
When Is Section 152 BNSS Invoked?
Section 152 BNSS is typically invoked in the following real-world situations:
- Encroachment and obstruction of public roads, footpaths, or pathways
- Polluting industries or factories causing health hazards in residential areas
- Dangerous or dilapidated buildings at risk of collapse
- Open drains and sewage overflow creating health risks — as in the Ratlam case¹
- Illegal storage of inflammable or hazardous materials in markets or congested areas
- Unfenced wells, drains or excavation sites adjacent to public thoroughfares
- Stray or dangerous animals posing risk to public safety
- Loudspeaker and noise pollution from commercial establishments in residential zones
- Placement of municipal dustbins causing nuisance to neighbouring residents, as acknowledged by the Delhi High Court in Meenu v. Municipal Corporation of Delhi (2024).
How and When Can the High Court Interfere?
The High Court can interfere with orders passed under Section 152 BNSS in the following ways:
1. Revision Under Section 442 BNSS (Earlier Section 397 CrPC)
The Sessions Court and thereafter the High Court can exercise revisional jurisdiction to examine whether the conditional or absolute order was passed in accordance with law, upon proper material, and after following due procedure.
2. Inherent Powers Under Section 528 BNSS (Earlier Section 482 CrPC)
The High Court retains inherent power to quash proceedings under Section 152 if they are found to be an abuse of process, passed without jurisdiction, or in violation of principles of natural justice.
3. Writ Jurisdiction Under Article 226 of the Constitution
While the High Court has writ jurisdiction, it has been held that where a specific statutory remedy exists under Section 152 BNSS, the petitioner should first exhaust that remedy before invoking writ jurisdiction. In Meenu v. MCD (2024), the Delhi High Court declined to entertain a writ petition and directed the petitioner to take recourse under Section 152 BNSS instead.
However, a complainant can approach High Court against the inaction of the Magistrate if a complaint was made by her and still no action has been taken by the Magistrate demonstrating apathy from the authority.
Grounds for High Court Interference:
- Mostly the High Court may interfere when the order is made absolute.
- Magistrate passed the order without jurisdiction
- Order was passed mechanically, without application of mind
- Principles of natural justice were violated viz no notice or opportunity of hearing
- The nuisance was private in nature, not public
- The order was passed on the basis of a civil dispute disguised as a public nuisance complaint
Where to Challenge or Appeal Against Orders Under Section 152 BNSS
| Stage | Forum for Challenge |
|---|---|
| Against the conditional order | Show cause before the same Magistrate (Section 154 BNSS) |
| Against the absolute order | Revision before the Sessions Court (Section 442 BNSS) |
| Against the Sessions Court order | Revision or inherent powers of the High Court (Section 442/528 BNSS) |
| For quashing of the entire proceeding | High Court under Section 528 BNSS or Article 226 |
Civil Court jurisdiction is expressly barred by Section 152(2) BNSS. However, if a question of title or public right arises, the Magistrate may stay the proceedings under Section 156 BNSS until the civil court decides the question.
Landmark Cases 152 BNSS: Supreme Court and High Courts
Supreme Court Decisions
1. Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622¹
Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622 is the most celebrated judgment on Section 133 CrPC (now Section 152 BNSS). Justice V.R. Krishna Iyer held that when jurisdictional facts of public nuisance are established, the Magistrate’s discretion under Section 133 becomes a mandatory duty. A municipal body cannot avoid its statutory obligation to remove nuisance by pleading financial incapacity. The Court declared that human dignity and decency are non-negotiable facets of human rights and are a first charge on local self-governing bodies. This case transformed Section 133 into a tool for environmental justice and public interest litigation. The notable para of this case held thus:
“9. So the guns of Section 133 go into action wherever there is public nuisance. The public power of the magistrate under the Code is a public duty to the members of the public who are victims of the nuisance, and so he shall exercise it when the jurisdictional facts are present as here. “All power is a trust – that we are accountable for its exercise – that, from the people, and for the people, all springs, and all must exist.” [ Vivian Grey, Bk. VI Ch. 7, Benjamin Disraeli]. Discretion becomes a duty when the beneficiary brings home the circumstances for its benign exercise.”
13. Section 133 CrPC is categoric, although reads discretionary. Judicial discretion when facts for its exercise are present, has a mandatory import. Therefore, when the Sub-Divisional Magistrate, Ratlam, has before him, information and evidence, which disclose the existence of a public nuisance and, on the materials placed, he considers that such unlawful obstruction or nuisance should be removed from any public place which may be lawfully used by the public, he shall act. Thus, his judicial power shall, passing through the procedural barrel, fire upon the obstruction or nuisance, triggered by the jurisdictional facts. The Magistrate’s responsibility under Section 133 CrPC is to order removal of such nuisance within a time to be fixed in the order. This is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding. Failure to comply with the direction will be visited with a punishment contemplated by Section 188 IPC. Therefore, the Municipal Commissioner or other executive authority bound by the order under Section 133 CrPC shall obey the direction because disobedience, if it causes obstruction or annoyance or injury to any persons lawfully pursuing their employment, shall be punished with simple imprisonment or fine as prescribed in the section. The offence is aggravated if the disobedience tends to cause danger to human health or safety. The imperative tone of Section 133 CrPC read with the punitive temper of Section 188 IPC make the prohibitory act a mandatory duty.”
2. Gobind Singh v. Shanti Sarup, AIR 1979 SC 143
The Supreme Court, through Chief Justice Chandrachud, defined nuisance under this provision in liberal terms, encompassing the construction of structures, disposal of substances, and the conduct of trade and occupation. The Court emphasised that the Magistrate must act purely in the interests of the public and must exercise his preventive jurisdiction objectively, based on sound judgement and evidence.
3. Krishna Gopal v. State of M.P., AIR 1986 SC 1186
The Supreme Court upheld the use of Section 133 CrPC in a case involving noise and air pollution from a glucose manufacturing unit in a residential area. The Court affirmed that a citizen can always rely on Section 133 for removal of pollution nuisance. It was further clarified that provisions under pollution-specific statutes such as the Water Act, 1974 and Air Act, 1981 do not impliedly repeal or override Section 133 CrPC.
High Court Decisions
4. Meenu v. Municipal Corporation of Delhi, Delhi High Court (21 August 2024)
In this recent case Meenu v. Municipal Corporation of Delhi, the Hon’ble Delhi High Court speaking through Hon’ble Justice Purushaindra Kumar Kaurav, acknowledged that Section 152 BNSS is the appropriate remedy for grievances relating to public nuisance (in that case, the construction activity in the vicinity of petitioner was in issue). The Court held thar a perusal of the aforesaid provision (s. 152BNSS) would indicate that the underlying rationale behind the enactment of such provision is to prevent public nuisance. This Section empowers a executive magistrate to deal with specific public nuisance and it provides a summary remedy for their removal. The Court declined to entertain the writ petition and directed the petitioner to approach the Magistrate under Section 152 BNSS instead after discussing the jurisprudence of section 152 BNSS. It further held that all available remedies in law must be exhausted before approaching High Court.
5. Lakshmi Cement v. State, 1994 CriLJ 3649⁸
It was held that Section 133 CrPC does not automatically or impliedly get repealed after the commencement of the Air (Prevention and Control of Pollution) Act, 1981. Both laws operate in their respective fields, and there is no bar on invoking Section 133 even when pollution-specific legislation exists. This principle carries forward under Section 152 BNSS.
6. Sh. Nilabh Sharma v. Municipal Corporation of Delhi
The Delhi High Court, vide order dated 20.08.2024 in W.P.(C.) 11400/2024 titled as Sh. Nilabh Sharma v. Municipal Corporation of Delhi, wherein, the issue revolved around the causing of public nuisance due to placement of dustbins near the petitioner’s house, dismissed the petition while reserving
the right in favour of the petitioner to avail the remedy under Section 152 of BNSS,2023
Practical Guide for Litigants and Lawyers
For the Complainant (Person Seeking Removal of Nuisance)
- Draft a detailed written complaint with evidence addressed to the Executive Magistrate (District Magistrate or SDM) of the area where the nuisance exists
- Clearly identify the nuisance — specify which clause of Section 152(1) it falls under (obstruction, hazardous trade, dangerous building, etc.)
- Provide supporting evidence — photographs, videos, medical reports, newspaper reports, affidavits of affected residents, reports of municipal officers etc.
- Mention the public nature of the nuisance — emphasise that it affects the community at large, not just a private interest and how
- Cite Section 152 BNSS specifically in your complaint and request the Magistrate to pass a and order
- Follow up regularly — the Magistrate is under a statutory duty to act once jurisdictional facts are established
- Writ Petition – If action is not taken than approach the Hon’ble High Court.
For the Person Against Whom the Order Is Passed
- Read the conditional order carefully — note the time limit and the date of hearing for show cause
- Appear on the date fixed and file a written objection (show cause statement) with supporting documents
- Challenge the factual basis — demonstrate that no public nuisance exists, or that the complaint is motivated by a private dispute
- Raise jurisdictional objections if applicable — for instance, if the Magistrate lacks territorial jurisdiction or the order has been passed without any evidence
- If the question of title or public right arises, invoke Section 156 BNSS and seek a stay of proceedings until the civil court decides the question
- If the order is made absolute, file a criminal revision before the Sessions Court under Section 442 BNSS within the prescribed limitation
For a detailed explanation of the criminal proceedings quashing doctrine, you may also read my in-depth guide on the Four-Step Test for Quashing of FIR by the High Court.
For Lawyers – Key Practice Points
- Always verify whether the Magistrate passing the order is an Executive Magistrate empowered under the provision. A Judicial Magistrate has no jurisdiction.
- Ensure that the procedural requirements of notice, service, and opportunity of hearing under Sections 153–157 BNSS have been strictly followed. Non-compliance is a good ground for quashing.
- Where the nuisance is ongoing and the order is delayed, seek an injunction under Section 161 BNSS pending the inquiry.
- Remember that civil courts are expressly barred from questioning orders under Section 152(2). Do not file civil suits challenging nuisance orders; challenge them through criminal revision or High Court jurisdiction.
- For matters arising after 1st July 2024, always file applications under the BNSS provisions. As per the emerging judicial consensus, new proceedings must be instituted under the BNSS even if the underlying facts arose before its commencement.
Conclusion: Key Takeaways
Section 152 BNSS (formerly Section 133 CrPC) remains one of the most potent and swift remedies available to citizens against public nuisances. Unlike civil litigation which can take years, proceedings under this section are designed to be summary and time-bound. The provision places an affirmative duty on Executive Magistrates to act when the jurisdictional facts of nuisance are established, and no defence of financial inability or bureaucratic delay can excuse non-compliance.
For litigants and practitioners, a thorough understanding of the procedure, limitations, and case law under this provision is essential for effective use of this powerful legal remedy.
FAQ: Frequently Asked Questions
1. What is Section 152 BNSS?
Section 152 BNSS empowers an Executive Magistrate to issue a conditional order for removing public nuisance, obstruction, pollution, dangerous buildings, hazardous trades, or unsafe animals. It is the new version of Section 133 CrPC.
2. Is Section 152 BNSS the same as Section 133 CrPC?
Yes. Section 152 BNSS is almost identical to Section 133 CrPC. Only the section number and minor wording have changed. The powers, procedure, and scope remain the same.
3. Who can file a complaint under Section 152 BNSS?
Any affected citizen, police officer, municipal authority, or even the Magistrate suo motu can initiate proceedings for removal of public nuisance.
4. What qualifies as a public nuisance under Section 152 BNSS?
Obstructions on public roads, dangerous buildings, pollution-causing factories, unsafe wells, hazardous substances, stray dangerous animals, and activities harmful to public health or safety.
5. Can Section 152 BNSS be used for private disputes?
No. It applies only to public nuisance affecting the community. Private disputes like boundary issues or easement rights do not attract Section 152 BNSS.
6. What is the procedure after a complaint is filed?
The Magistrate issues a conditional order, serves notice, conducts an inquiry if objections are raised, and then either makes the order absolute or drops it.
7. What happens if a person does not obey the Magistrate’s order?
Non-compliance leads to penalties under Section 155 BNSS, which corresponds to Section 188 IPC under the old regime.
8. Can the Magistrate act without a police report?
Yes. The Magistrate can act on any credible information—citizen complaints, municipal reports, media coverage, or suo motu knowledge.
9. Can orders under Section 152 BNSS be challenged?
Yes. A person can file a revision before the Sessions Court under Section 442 BNSS or approach the High Court under Section 528 BNSS or Article 226.
10. Is civil court jurisdiction barred under Section 152 BNSS?
Yes. Civil courts cannot question orders passed under Section 152 BNSS. Only criminal revision or High Court remedies are available.
11. Can pollution cases be filed under Section 152 BNSS despite pollution laws?
Yes. The Supreme Court has held that this preventive remedy is not excluded by special pollution laws like the Air Act or Water Act.
12. Does Section 152 BNSS allow video-conference hearings?
Yes. The BNSS expressly allows appearance through audio-visual means for show-cause proceedings under Section 154 BNSS.
13. What is the time limit for filing objections?
The time limit is specified in the conditional order. The person must either comply or appear and show cause within that period.
14. Can Section 152 BNSS be used against municipal bodies?
Yes. As held in the Ratlam case, even municipal bodies are bound by the Magistrate’s order and cannot plead financial incapacity.
15. What is the punishment for violating a nuisance-removal order?
Violation leads to criminal liability under Section 221 BNS as per 155 BNSS and may result in fine or imprisonment, depending on the nature of the non-compliance.