CrPC 138→BNSS 157

CrPC 138 to BNSS 157: Procedure where he appears to show cause

Section 138 CrPC (1973) replaced by Section 157 BNSS (2023)

View CrPC Section 138 →View BNSS Section 157 →

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

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section138157
HeadingProcedure where he appears to show causeProcedure where person against whom order is made under section 152 appears to show cause
Sub-sections3 sub-sectionsSame
Cross-referencess.133s.152

CrPC 138 and BNSS 157: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 138, CrPC 1973

138. Procedure where he appears to show cause.—(1) If the person against whom an order under section 133 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 (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
BNSS 2023 (in force)

Section 157, BNSS 2023

157. Procedure where 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.

When It Applies: CrPC 138 vs BNSS 157

Under CrPC 138
  1. 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.
  2. Under Section 138(1) CrPC, the Magistrate shall take evidence in the matter as in a summons-case.
  3. 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.
  4. Under Section 138(3) CrPC, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
Under BNSS 157
  1. 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.
  2. Under Section 157(1) BNSS, the Magistrate shall take evidence in the matter as in a summons-case.
  3. 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.
  4. Under Section 157(3) BNSS, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
  5. 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

Under CrPC 138

Section 138 CrPC states no time limit.

Under BNSS 157
  • 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

From 1 July 2024, the proviso to Section 157(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states a period of ninety days for completing the proceedings, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days. Section 138 of the Code of Criminal Procedure, 1973 states no such period.

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 ·