CrPC 138 to BNSS 157: Procedure where he appears to show cause
Section 138 CrPC (1973) replaced by Section 157 BNSS (2023)
CrPC 138 to BNSS 157 at a Glance
Section 138 CrPC (Procedure where he appears to show cause) is now Section 157 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 138 to BNSS 157?
From 1 July 2024, Section 138 of the Code of Criminal Procedure, 1973 is found in Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 157 BNSS names an order made under section 152, where the heading of Section 138 CrPC reads Procedure where he appears to show cause. Section 157(1) BNSS refers to an order under section 152 BNSS where Section 138(1) CrPC referred to an order under section 133 CrPC. Section 157(3) BNSS adds a proviso that the proceedings under Section 157 BNSS 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, and Section 138(3) CrPC has no counterpart. The rest of the text reads the same.
CrPC 138 vs BNSS 157: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 138 | 157 |
| Heading | Procedure where he appears to show cause | Procedure where person against whom order is made under section 152 appears to show cause |
| Sub-sections | 3 sub-sections | Same |
| Cross-references | s.133 | s.152 |
CrPC 138 and BNSS 157: Bare Act Text Side by Side
Section 138, CrPC 1973
Section 157, BNSS 2023
When It Applies: CrPC 138 vs BNSS 157
- Section 138(1) CrPC applies when the person against whom an order under Section 133 CrPC is made appears and shows cause against the order.
- Under Section 138(1) CrPC, the Magistrate shall take evidence in the matter as in a summons-case.
- Under Section 138(2) CrPC, if the Magistrate is satisfied that the order, either as originally made or subject to such modification as the Magistrate considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
- Under Section 138(3) CrPC, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
- Section 157(1) BNSS applies when the person against whom an order under Section 152 BNSS is made appears and shows cause against the order.
- Under Section 157(1) BNSS, the Magistrate shall take evidence in the matter as in a summons-case.
- Under Section 157(2) BNSS, if the Magistrate is satisfied that the order, either as originally made or subject to such modification as the Magistrate considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
- Under Section 157(3) BNSS, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
- Under the proviso to Section 157(3) BNSS, the proceedings under Section 157 BNSS 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.
Time Limits: CrPC 138 to BNSS 157
Section 138 CrPC states no time limit.
- Under the proviso to Section 157(3) BNSS, the proceedings under Section 157 BNSS 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.Act text: “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 CrPC 138 to BNSS 157 Means in Practice
FAQs: CrPC 138 to BNSS 157
Where is Section 138 CrPC found from 1 July 2024?▼
Section 138 CrPC is found in Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 138(1) CrPC is found in Section 157(1) BNSS, Section 138(2) CrPC in Section 157(2) BNSS, and Section 138(3) CrPC in Section 157(3) BNSS.
What period does the proviso to Section 157(3) BNSS state?▼
The proviso to Section 157(3) BNSS provides that the proceedings under Section 157 BNSS 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. Section 138(3) CrPC has no counterpart to the proviso.
Which order section does Section 157(1) BNSS refer to where Section 138(1) CrPC referred to section 133?▼
Section 157(1) BNSS refers to an order under section 152 BNSS where Section 138(1) CrPC referred to an order under section 133 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: 22 Oct 2026 ·