BNSS Section 157 — Procedure where person against whom order is made under section 152 appears to show cause

CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — B.—Public nuisances

Criminal

Summary

If a person who was given an order under section 152 appears in court and gives reasons why the order should not stand, the Magistrate will hear evidence in the same way as in a summons case. If the Magistrate finds the order reasonable and proper, either as it was originally made or with any changes the Magistrate thinks necessary, the order will be confirmed. If the Magistrate does not find it reasonable and proper, no further action will be taken in the case, and the entire process must be completed within ninety days, which can be extended to one hundred twenty days only if the Magistrate writes down the reasons for the extension.

Official Text

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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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

Related Judgments

  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §138 — Procedure where person against whom order is made under section 152 appears to show cause