What Is BNSS Section 152?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 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.

Brefe Detail

This section outlines the authority of designated Magistrates to issue conditional orders for the removal of nuisances affecting public spaces. It specifies various scenarios that warrant such orders, including obstructions, unsafe structures, and harmful activities. The section also provides the process for those affected to contest the order.

Question & Answers

What authority does the District Magistrate have under Section 152?

The District Magistrate can issue conditional orders for the removal of nuisances from public spaces.

What types of nuisances can be addressed?

Unlawful obstructions, harmful trade practices, unsafe structures, and dangerous animals can be addressed.

Is there an opportunity for the affected party to contest the order?

Yes, the affected party can appear before the Magistrate to show cause why the order should not be made absolute.

Can decisions made under this section be challenged in civil court?

No, orders made under this section cannot be called into question in any Civil Court.

Example

• If a construction site is blocking a public road, the District Magistrate can order its removal.
• If a shop is found selling unsafe food items, the Magistrate may order the shop to cease operations until it meets safety standards.
• If a tree is deemed dangerous and likely to fall, the Magistrate can order its removal to ensure public safety.

Summary

Section 152 of the Bharatiya Nagarik Suraksha Sanhita empowers Magistrates to address and mitigate nuisances in public areas through conditional orders. It outlines the types of nuisances that can be regulated, the process for compliance, and the limitations on contesting such orders in civil court.