Law4u - Made in India

What Is BNSS Section 157?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 157: Procedure where the 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.

Brefe Detail

This section outlines the procedure to be followed when a person against whom an order has been made under section 152 appears to contest it. The Magistrate is required to take evidence and determine if the order is reasonable. If satisfied, the order is confirmed; if not, proceedings are halted.

Question & Answers

What happens if a person contests an order made under section 152?

If the person appears and shows cause, the Magistrate will take evidence as in a summons-case.

What can the Magistrate do if satisfied with the cause shown?

The Magistrate may confirm the order as it is or modify it as necessary.

What if the Magistrate is not satisfied with the cause shown?

If not satisfied, no further proceedings will be taken in the case.

What is the timeline for completing the proceedings under this section?

The proceedings should be completed within ninety days but can be extended to one hundred and twenty days for documented reasons.

Example

1. A person receives an order under section 152 regarding a public nuisance.

2. They appear before the Magistrate to contest the order, providing evidence of why the order is unreasonable.

3. The Magistrate hears the evidence and decides whether to uphold or modify the order based on the facts presented.

4. If the Magistrate is not convinced, the case will not proceed further.

Summary

Section 157 establishes the process for addressing challenges to orders made under section 152. It emphasizes the importance of evidence, the timeframe for proceedings, and the authority of the Magistrate to either uphold or dismiss the order based on the merits of the case presented.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Shivakumar Tarigoppula

Advocate Shivakumar Tarigoppula

Arbitration, Civil, Corporate, Criminal, Family

Get Advice
Advocate Dussa Gouri Shankar

Advocate Dussa Gouri Shankar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Patent, Property, Recovery, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Prem Dayal Bohra

Advocate Prem Dayal Bohra

Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Documentation, Labour & Service, Motor Accident, Property, Revenue, High Court

Get Advice
Advocate Gobinda Sarkar

Advocate Gobinda Sarkar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, Muslim Law, Patent, R.T.I, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Abhishek Tiwari

Advocate Abhishek Tiwari

Criminal, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Muslim Law

Get Advice
Advocate Ajay Kumar Gupta

Advocate Ajay Kumar Gupta

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, Tax, Supreme Court, Succession Certificate, Trademark & Copyright, Revenue, Wills Trusts, International Law, R.T.I, Family

Get Advice
Advocate Rajasree Paul

Advocate Rajasree Paul

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Divorce

Get Advice
Advocate Raghunandan Singh Thakur

Advocate Raghunandan Singh Thakur

Anticipatory Bail, Cheque Bounce, Criminal, Family, High Court, Civil, Consumer Court, Court Marriage, Divorce, Insurance, Labour & Service, Recovery, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.