Section 157 BNSS: Procedure when person appears to show cause against a Section 152 order
Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the inquiry to be followed when a person against whom a conditional order under Section 152 has been made appears and shows cause against that order. The Magistrate must take evidence as in a summons-case and then decide whether the order is reasonable and proper.
Section 157 BNSS - statutory text
157. (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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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 Section 157 BNSS means
Section 157 governs the merits inquiry after a person chooses to contest a conditional order instead of simply complying with it. Once the person appears and shows cause, the Magistrate must receive evidence using the procedure applicable to a summons-case and determine whether the conditional order should continue.
| Stage | What the Magistrate does | Possible result |
|---|---|---|
| Person appears and shows cause | Takes evidence as in a summons-case | The objections and supporting material are examined |
| Order found reasonable and proper | Considers whether modification is needed | Order is made absolute, with or without modification |
| Order not found reasonable and proper | Declines to confirm the conditional order | No further proceedings are taken in the case |
| Time limit | Proceedings should finish as soon as possible within 90 days | May extend to 120 days if reasons are recorded in writing |
Evidence is taken as in a summons-case
Sub-section (1) requires the Magistrate to take evidence "as in a summons-case." Under the BNSS definition, a summons-case is a case relating to an offence that is not a warrant-case. The reference in Section 157 imports the procedural manner of taking evidence used in a summons-case into this inquiry.
When can the order be made absolute?
Under sub-section (2), the Magistrate must be satisfied that the conditional order is reasonable and proper. If that standard is met, the order may be made absolute in its original form or with modifications considered necessary.
Making the order "absolute" means that the earlier conditional direction becomes a final operative order under this statutory procedure. The next procedural consequences are addressed in Section 160 BNSS.
Power to modify the conditional order
Section 157 does not force the Magistrate to choose only between confirming the original order exactly as issued or dropping it entirely. Where the order is reasonable and proper subject to necessary changes, the Magistrate may make it absolute with those modifications.
What if the Magistrate is not satisfied?
If the Magistrate is not satisfied that the order is reasonable and proper, sub-section (3) provides that no further proceedings shall be taken in the case. The continuation of the nuisance proceeding therefore depends on the Magistrate reaching the statutory satisfaction required by sub-section (2).
90-day period and extension up to 120 days
The proviso requires proceedings under Section 157 to be completed as soon as possible within 90 days. The period may be extended to 120 days, but the reasons for doing so must be recorded in writing. This express timetable promotes prompt disposal while permitting a limited extension where justified.
Relationship with Sections 152 to 160 BNSS
Section 157 forms part of a connected procedure dealing with public nuisance and conditional orders:
- Section 152 BNSS provides for the conditional order.
- Section 153 BNSS deals with service or notification of that order.
- Section 154 BNSS requires the person to obey or show cause.
- Section 155 BNSS deals with failure to comply or appear.
- Section 156 BNSS applies where the existence of a relevant public right is denied.
- Section 157 governs the evidentiary inquiry when the person appears and shows cause.
- Section 158 BNSS permits local investigation and examination of an expert.
- Section 159 BNSS deals with written instructions and related matters.
- Section 160 BNSS sets out the procedure after an order is made absolute and the consequences of disobedience.
Practical points under Section 157
- The section applies after the person appears and actually shows cause against the Section 152 order.
- The Magistrate must take evidence rather than decide the objection summarily without the prescribed inquiry.
- The order may be confirmed exactly as made or confirmed with necessary modification.
- If the statutory satisfaction is not reached, no further proceedings are to be taken in the case.
- The 90-day period and any extension up to 120 days should be specifically tracked.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. India Code records the BNSS as Act No. 46 of 2023, enacted on 25 December 2023 and brought into force from 1 July 2024.
This page provides general legal information. In an actual proceeding, the full statutory text, the conditional order, evidence, applicable procedural rules, and relevant judicial decisions should be examined.