CrPC Section 137 — Procedure where existence of public right is denied

Summary

Sub-section (1) applies when an order under section 133 is made to prevent obstruction, nuisance or danger to the public in using a way, river, channel or place. When the person named in the order appears before the Magistrate, the Magistrate must ask whether that person denies that the public has a right in relation to that way, river, channel or place. If the person denies the right, the Magistrate must inquire into the matter before proceeding under section 138.

Sub-section (2) If the Magistrate finds reliable evidence supporting the denial of the public right, the Magistrate must pause the proceedings until a competent Court decides whether the right exists. If the Magistrate finds no such evidence, the Magistrate must proceed as set out in section 138.

Sub-section (3) A person who did not deny the existence of the public right when questioned under sub-section (1), or who denied it but failed to provide reliable evidence supporting the denial, cannot make that denial in the later proceedings.

Official Text

(1) Where an order is made under section 133 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 138, 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 138.

(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

• CrPC §133 — Conditional order for removal of nuisance
• CrPC §138 — Procedure where he appears to show cause

Referred to by

• CrPC §139 — Power of Magistrate to direct local investigation and examination of an expert

Old <-> New Code Mapping

• BNSS §156 — Procedure where existence of public right is denied