BNSS Section 156 — Procedure where existence of public right is denied

Summary

When a Magistrate orders someone to stop blocking a public way, river, channel, or place, the Magistrate must ask that person whether they deny that the public has a right to use that space. If the person says yes, the Magistrate must first investigate the claim before taking further action. If the investigation finds reliable evidence supporting the denial, the Magistrate must pause the case and wait for a competent court to decide the public-right issue. If no such evidence exists, the Magistrate continues with the usual procedure. A person who either fails to deny the public right when asked, or denies it but cannot provide reliable evidence, cannot later raise that denial in the same proceedings.

Official Text

(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.

Sections referred to

• BNSS §152 — Conditional order for removal of nuisance
• BNSS §157 — Procedure where person against whom order is made under section 152 appears to show cause

Referred to by

• BNSS §158 — Power of Magistrate to direct local investigation and examination of an expert

Related Judgments

• OM PRAKASH AMBADKAR vs THE STATE OF MAHARASHTRA & ORS — Supreme Court of India (2025)
• PRAMOD KUMAR & ORS. vs STATE OF UTTAR PRADESH ORS — Supreme Court of India (2026)
• SUJAL VISHWAS ATTAVAR & ANR. vs THE STATE OF MAHARASHTRA & ORS — Supreme Court of India (2026)
• SHUVENDU SAHA vs THE STATE OF WEST BENGAL AND ANR — Supreme Court of India (2026)
• Mr. Jagdish Shashikumar Raje & Anr. vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2026)
• PARAMJIT KAUR KLER vs THE STATE (GOVT OF NCT OF DELHI) — Delhi High Court (2026)

Old <-> New Code Mapping

• CrPC §137 — Procedure where existence of public right is denied