Chapter X
Section 134 CrPC: Service or notification of order
New Law Update (2024)
Section 142 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 stuck up at such place or places as may be fittest for conveying the information to such person.
Important Sub-Sections Explained
Section 134(1)
This sub-section mandates that an order made under Section 133 CrPC must be served directly on the person against whom it is issued, following the same legal procedure as serving a court summons, ensuring they are personally informed.
Section 134(2)
If personal service is not feasible, this sub-section provides for an alternative method: the order must be publicly announced via a proclamation and a copy affixed in suitable public places, as directed by the State Government, to ensure wide public notification.
Landmark Judgements
P. Ramkrishna Reddy v. State of A.P. (2009):
The Andhra Pradesh High Court emphasised the mandatory requirement of serving the conditional order under Section 134 CrPC on the person concerned before taking further steps or passing a final order, reiterating the importance of due process.
Manoj Kumar Agrawal v. State of U.P. (2018):
The Allahabad High Court held that strict compliance with the procedure for service of orders, as laid down in Section 134 CrPC, is essential. Any failure to properly serve the notice or order can vitiate subsequent proceedings initiated under the provisions related to public nuisance.