Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 156
Procedure where existence of public right is denied
In one line
BNSS Section 156 deals with procedure where existence of public right is denied and replaces CrPC 137.
Bare act text — BNSS 156
156. Procedure where existence of public right is denied.
(1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.
(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.
Frequently asked
What was BNSS Section 156 in the CrPC?
BNSS Section 156 (Procedure where existence of public right is denied) replaces Section 137 of the Code of Criminal Procedure, 1973. CrPC 137 is now BNSS 156.
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Nearby BNSS sections
- BNSS 151 — Protection against prosecution for acts done under sections 148, 149 and 150
- BNSS 152 — Conditional order for removal of nuisance
- BNSS 153 — Service or notification of order
- BNSS 154 — Person to whom order is addressed to obey or show cause
- BNSS 155 — Penalty for failure to comply with section 154
- BNSS 157 — Procedure where person against whom order is made under section 152 appears to show-cause
- BNSS 158 — Power of Magistrate to direct local investigation and examination of an expert
- BNSS 159 — Power of Magistrate to furnish written instructions, etc
- BNSS 160 — Procedure on order being made absolute and consequences of disobedience
- BNSS 161 — Injunction pending inquiry