Section 156 BNSS: Procedure where existence of public right is denied
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 156 BNSS at a Glance
Section 156 BNSS deals with procedure where existence of public right is denied. It replaced Section 137 CrPC on 1 July 2024.
Section 156 BNSS Bare Act Text
(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.
Source: Section 156, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 156 BNSS in Simple Words
Section 156 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure where the existence of a public right is denied by the person against whom an order was 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. Under Section 156(1) BNSS, the Magistrate shall on the appearance of that person question the person as to whether the person denies the existence of any public right, and if so shall inquire into the matter before proceeding under Section 157 BNSS.
Under Section 156(2) BNSS, the Magistrate shall stay the proceedings if there is any reliable evidence in support of the denial, and otherwise shall proceed as laid down in Section 157 BNSS. Section 156(3) BNSS bars a person who fails to deny the right, or fails to adduce reliable evidence in support of a denial, from making any such denial in the subsequent proceedings.
When Section 156 BNSS Applies
- 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.
- 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.
- If the person does deny it, the Magistrate shall, before proceeding under Section 157 BNSS, inquire into the matter.
- 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.
- If the Magistrate finds that there is no such evidence, the Magistrate shall proceed as laid down in Section 157 BNSS.
- 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.
Example of Section 156 BNSS
When Section 156 BNSS Does Not Apply
- Section 156(1) BNSS speaks of the appearance before the Magistrate of the person against whom an order under Section 152 BNSS was made. It does not deal with the service or notification of the order, which Section 153 BNSS addresses.
- Section 156 BNSS speaks of a denial of the existence of a public right. It does not deal with the procedure where the person appears to show cause, which Section 157 BNSS addresses.
Section 156 BNSS in the CrPC (Previous Law)
Section 156 BNSS replaced Section 137 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 156 BNSS
What shall the Magistrate ask under Section 156(1) BNSS?▼
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.
What shall the Magistrate do under Section 156(2) BNSS after 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. If the Magistrate finds that there is no such evidence, the Magistrate shall proceed as laid down in Section 157 BNSS.
Who may not make a denial in the subsequent proceedings under Section 156(3) BNSS?▼
A person who, on being questioned by the Magistrate under Section 156(1) BNSS, failed to deny the existence of a public right, or who made a denial and failed to adduce reliable evidence in support of it, shall not in the subsequent proceedings be permitted to make any such denial.
What changed from Section 137 CrPC to Section 156 BNSS from 1 July 2024?▼
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.
Section 156 BNSS: Sub-sections Explained
Section 156(1) BNSS: Procedure where existence of public right is denied
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Bare Act Text
(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.
Section 156(2) BNSS: Procedure where existence of public right is denied
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Bare Act Text
(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.
Section 156(3) BNSS: Procedure where existence of public right is denied
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·