CrPC 137→BNSS 156

CrPC 137 to BNSS 156: Procedure where existence of public right is denied

Section 137 CrPC (1973) replaced by Section 156 BNSS (2023)

View CrPC Section 137 →View BNSS Section 156 →

CrPC 137 to BNSS 156 at a Glance

Section 137 CrPC (Procedure where existence of public right is denied) is now Section 156 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 137 to BNSS 156?

Section 156 BNSS has the same heading and the same text as Section 137 CrPC. Section 156(1) BNSS refers to Section 152 BNSS and Section 157 BNSS where Section 137(1) CrPC referred to Section 133 CrPC and Section 138 CrPC, and Section 156(2) BNSS refers to Section 157 BNSS where Section 137(2) CrPC referred to Section 138 CrPC.

CrPC 137 vs BNSS 156: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section137156
HeadingProcedure where existence of public right is deniedSame
Sub-sections3 sub-sectionsSame
Cross-referencess.133, s.138s.152, s.157

CrPC 137 and BNSS 156: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 137, CrPC 1973

137. Procedure where existence of public right is denied.—(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.
BNSS 2023 (in force)

Section 156, BNSS 2023

156. Procedure where existence of public right is denied.—(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.

When It Applies: CrPC 137 vs BNSS 156

Under CrPC 137
  1. Section 137(1) CrPC applies where an order is made under Section 133 CrPC for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place.
  2. On the appearance before the Magistrate of the person against whom the order was made, the Magistrate shall question that person as to whether the person denies the existence of any public right in respect of the way, river, channel or place.
  3. If the person does deny it, the Magistrate shall, before proceeding under Section 138 CrPC, inquire into the matter.
  4. Section 137(2) CrPC applies to the inquiry. If the Magistrate finds that there is any reliable evidence in support of the denial, the Magistrate shall stay the proceedings until the matter of the existence of the right has been decided by a competent Court.
  5. If the Magistrate finds that there is no such evidence, the Magistrate shall proceed as laid down in Section 138 CrPC.
  6. Section 137(3) CrPC applies to a person who failed to deny the existence of a public right when questioned under Section 137(1) CrPC, or who made a denial and failed to adduce reliable evidence in support of it. That person shall not in the subsequent proceedings be permitted to make any such denial.
Under BNSS 156
  1. Section 156(1) BNSS applies where an order is made under Section 152 BNSS for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place.
  2. On the appearance before the Magistrate of the person against whom the order was made, the Magistrate shall question that person as to whether the person denies the existence of any public right in respect of the way, river, channel or place.
  3. If the person does deny it, the Magistrate shall, before proceeding under Section 157 BNSS, inquire into the matter.
  4. Section 156(2) BNSS applies to the inquiry. If the Magistrate finds that there is any reliable evidence in support of the denial, the Magistrate shall stay the proceedings until the matter of the existence of the right has been decided by a competent Court.
  5. If the Magistrate finds that there is no such evidence, the Magistrate shall proceed as laid down in Section 157 BNSS.
  6. Section 156(3) BNSS applies to a person who failed to deny the existence of a public right when questioned under Section 156(1) BNSS, or who made a denial and failed to adduce reliable evidence in support of it. That person shall not in the subsequent proceedings be permitted to make any such denial.

What CrPC 137 to BNSS 156 Means in Practice

Section 137(1) CrPC is found in Section 156(1) BNSS, Section 137(2) CrPC in Section 156(2) BNSS and Section 137(3) CrPC in Section 156(3) BNSS. Each reads the same apart from the renumbered references to the section on the order and the section on the procedure where the person appears to show cause.

FAQs: CrPC 137 to BNSS 156

Where is Section 137 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 137 CrPC is found in Section 156 BNSS. Section 137(1) CrPC is found in Section 156(1) BNSS, Section 137(2) CrPC in Section 156(2) BNSS and Section 137(3) CrPC in Section 156(3) BNSS.

Is the text of Section 156 BNSS the same as Section 137 CrPC?▼

Section 156 BNSS has the same heading and the same text as Section 137 CrPC, except that Section 156 BNSS refers to Section 152 BNSS and Section 157 BNSS where Section 137 CrPC referred to Section 133 CrPC and Section 138 CrPC.

Which sections does Section 156 BNSS refer to?▼

Section 156(1) BNSS refers to Section 152 BNSS and Section 157 BNSS, and Section 156(2) BNSS refers to Section 157 BNSS. Section 137(1) CrPC referred to Section 133 CrPC and Section 138 CrPC, and Section 137(2) CrPC referred to Section 138 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·