Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 157

Procedure where person against whom order is made under section 152 appears to show-cause

In one line

BNSS Section 157 deals with procedure where person against whom order is made under section 152 appears to show-cause and replaces CrPC 138.

Bare act text — BNSS 157

157. Procedure where person against whom order is made under section 152 appears to show-cause.

(1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case: Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.

What changed from the CrPC

  • CrPC 138 → BNSS 157: New proviso regarding completion of proceedings is added thereby a timeline is stipulated for the purpose.

Frequently asked

What was BNSS Section 157 in the CrPC?

BNSS Section 157 (Procedure where person against whom order is made under section 152 appears to show-cause) replaces Section 138 of the Code of Criminal Procedure, 1973. CrPC 138 is now BNSS 157.

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