🌳 Dangerous Tree Threatening Your Home or Life? Here's How to Legally Remove It Under BNSS & BNS 2023

Trees protect our environment — but sometimes, an old or damaged tree can endanger lives and property.

If a tree near your home or road is leaning dangerously, decaying, or poses a threat, you must not take matters into your own hands without legal permission. Thankfully, India's new criminal law framework — the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 and the Bhartiya Nyaya Sanhita (BNS), 2023 — provides a legal route to remove such threats.

This blog will guide citizens and officials on:

How to initiate legal action against a dangerous tree,
Applicable sections under BNSS & BNS,
Sample application formats,
And an official sample order for use by Magistrates.

⚖️ Legal Provisions You Should Know

🔹 Section 152 – BNSS, 2023: Complaint to Magistrate for Public Nuisance

“When an Executive Magistrate receives information that a public nuisance is being committed, or is likely to be committed, the Magistrate may take such measures as are necessary to prevent the nuisance, after giving notice to the concerned parties.”

Interpretation: A tree that threatens to fall on a house, road, or electric line can qualify as a public nuisance.

🔹 Section 155 – BNSS: Conditional Order

“The Magistrate may issue a conditional order requiring the person responsible for the nuisance to take action within a specified period.”

Meaning: A landowner can be legally ordered to cut or trim a dangerous tree.

🔹 Section 163(2) – BNSS: Urgent Police Action

“An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.”

Application: If a tree is about to fall, the Magistrate can act immediately without serving notice to the party.

🔹 Section 223 – BNS: Criminal Negligence

“A negligent act that endangers human life or the personal safety of others shall attract imprisonment up to 6 months or fine or both.”

Impact: A landowner can be prosecuted for not removing a known danger.

📝 How to Take Action as a Citizen

Step 1: Draft an application to the Magistrate

Mention:

Full identity and address
Location and details of the tree (Khasra No., etc.)
Threat to life/property
Attach photos and video if possible

Request the Magistrate to act under Section 152 & 155 BNSS.

Step 2: File at Tehsildar or SDM Office

Submit your application to the Tehsildar or SDM. Take a receiving copy.

Step 3: Site Inspection

The Naib Tehsildar may be directed to inspect and report:

Whether the tree is actually dangerous,
Whether full cutting or trimming is required.

Step 4: Conditional Order Issued

If risk is confirmed, the Tehsildar will issue a conditional order under Section 152 & 155 BNSS.

📂 Documents to Attach with Your Application

When submitting your complaint, ensure you attach the following:

✅ Application letter clearly describing the threat and request.
✅ Photographs of the tree (full and close-up).
✅ Short video clip (optional but effective).
✅ Land record proof (Jamabandi, Girdawari, or mutation copy).
✅ Site map or sketch with Khasra numbers.
✅ Aadhar card or any ID proof.
✅ Optional NOC from adjoining property owner (if applicable).

Proper documentation helps officers act quickly and issue orders without delay.

📄 Sample Application Format (for Citizens)

To,

The Sub-Divisional Magistrate/Tehsildar

[Your Area]

Subject: Request for Removal of Dangerous Tree under Section 152 & 155 BNSS

Respected Sir/Madam,

I am [YourName], resident of [Full Address]. A tree located at [Exact Location with Khasra No.]

is dangerously leaning and poses a severe risk to life and property. The photographs of the spot

are attached for kind information. It is requested to kindly remove the tree as it causing

imminent danger to the life and property of the applicant.

Kindly take necessary action under Sections 152 and 155 of BNSS, 2023.

Yours sincerely,

[Name, Contact Number, Date]

🧾 Sample Conditional Order (For Use by Officials)

Subject: Conditional Order for Tree Cutting under Section 152, Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS)
Whereas, [Applicant Name] S/o [Parent Name] R/o [Village, Tehsil, District] has submitted an application before the [Authority, e.g., Deputy Commissioner] on [Date of Application] requesting permission to cut [Tree Type] located on their proprietary land bearing Khasra No. [Number] in [Village]; and
Whereas, the [Authority, e.g., Assistant Commissioner Revenue], vide letter No. [Letter Number] dated [Date], forwarded the application to this office with directions to verify and proceed under relevant legal provisions; and
Whereas, this office, vide letter No. [Letter Number] dated [Date], referred the matter to the Divisional Forest Officer [Division] to ascertain the status of the tree and necessary permissions; and
Whereas, the Divisional Forest Officer [Division], vide letter No. [Letter Number] dated [Date], confirmed that the tree is on private land, and the Forest Department is not authorized to issue cutting permission, but transportation permission for timber/firewood may be granted if requested; and
Whereas, vide this office No. [Letter Number] dated [Date], the Naib Tehsildar [Location] was directed to inspect the site and submit a report regarding any risk to life or property, along with recommendations on whether cutting branches or the entire tree is necessary; and
Whereas, the Naib Tehsildar [Location], vide letter No. [Letter Number] dated [Date], submitted a report confirming that the [Tree Type] poses a risk to life and property due to [Reason, e.g., its age, size, or condition], recommending [Action, e.g., cutting of branches or entire tree];
Therefore, considering the potential damage to life and property in [Area], and to prevent any untoward incidents, the undersigned, empowered under Section 152 read with Section 163(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), hereby issues a conditional order directing [Applicant Name] S/o [Parent Name] R/o [Village, Tehsil, District] to:
[Action, e.g., cut down the branches of the aforementioned tree or remove the entire tree], in the presence of the Naib Tehsildar [Location], while adhering to all safety measures.
If applicable, coordinate with the electricity department to shut down any nearby power lines during the process.
Report compliance to this office upon completion.
Compliance Deadline: The above directions must be completed by [Date]. Failure to comply requires the applicant to appear before this court on [Date] to show cause under Section 155 of BNSS as to why the order should not be made absolute and why penalties under Section 223 of the Bhartiya Nyaya Sanhita (BNS), along with costs of delay, should not be imposed.

👩‍⚖️ Note for Officials

This structure ensures:

Due process of law
Protection against administrative inaction
Quick remedy in both routine and emergency cases

Officials may use the sample order above as a template in actual proceedings.

🎯Why This Matters – Trees and Law Must Work Together

🌱 Preserving nature and protecting life are not opposites — they are responsibilities that go hand in hand.

In a region like Jammu & Kashmir, where old Chinars, deodars, and fruit trees stand close to homes and heritage, the law ensures that we act wisely, not impulsively.

By using the BNSS & BNS 2023 legal route, we:

Respect the rights of landowners,
Prevent accidents before they happen,
Protect trees where possible, and
Hold people accountable when they ignore danger.

🟢 Act Legally. Act Responsibly. Protect Lives.

Whether you're a citizen, field official, or forest authority, this framework empowers you to take timely action without confusion.

JKRevenueGyaan

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