Service or notification of order
Section 134 of the Code of Criminal Procedure, 1973 deals with service or notification of order. The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons.
(2) If such order cannot, be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for conveying the Information to such person,
Section 134, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 153 Service or notification of order Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Raju Pundhir @ Raju Singh Pundhir vs State of U.p.and Another
Court's Decision & Legal Precedent
An order passed under Section 133 CrPC for removal of nuisance must be preceded by an opportunity to the affected person to appear and show cause under Section 135 CrPC, and the Executive Magistrate must follow the procedure prescribed under Sections 134-140 CrPC before passing a final order under Section 141 CrPC. Failure to provide such opportunity and follow the prescribed procedure renders the order violative of natural justice and liable to be quashed by the High Court under Section 482 CrPC.
On this section: Mandatory procedure to be followed in nuisance abatement proceedings including hearing and evidence
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P.srinivasa Rao vs The Mandal Executive Magistrate-cum-mandal Revenue
Court's Decision & Legal Precedent
When an industrial unit has obtained prior permissions from all competent authorities after they have considered potential nuisance and prescribed specific mitigation measures, a magistrate's order under Section 141 Cr.P.C. directing relocation of the unit cannot be sustained if the unit is complying with the prescribed conditions. The magistrate must consider and give weight to prior administrative approvals and the specific pollution control measures mandated by regulatory authorities before ordering relocation of an industrial establishment.
On this section: Cited as part of the inquiry procedure conducted by the magistrate regarding the nuisance caused by the rice mill
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 134
What have the courts held on Section 134 of the Code of Criminal Procedure?
Raju Pundhir @ Raju Singh Pundhir vs State of U.p.and Another (29 Jun 2022) is the leading judgment on this section among those set out below: Mandatory procedure to be followed in nuisance abatement proceedings including hearing and evidence. Another 1 judgment on this section is set out below. They run from 2010 to 2022.
How do I find court cases under Section 134 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 134, section 134 CRPC, section 134 of the Code of Criminal Procedure. People searching for it also type crpc 134 135 and crpc 134 in bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raju Pundhir @ Raju Singh Pundhir vs State of U.p.and Another (29 Jun 2022).
What should I read with Section 134 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 153 (Service or notification of order), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 134 of the Code of Criminal Procedure come into force?
Section 134 of the Code of Criminal Procedure, cited as CRPC 134, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.