Section 157 BNSS: Procedure where person against whom order is made under section 152 appears to show cause

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 157 BNSS at a Glance

Section 157 BNSS deals with procedure where person against whom order is made under section 152 appears to show cause. It replaced Section 138 CrPC on 1 July 2024.

Was CrPC

Section 138 →

Section 157 BNSS Bare Act Text

(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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.

Source: Section 157, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 157 BNSS in Simple Words

Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure where the person against whom an order under Section 152 BNSS is made appears to show cause. Under Section 157(1) BNSS, if that person appears and shows cause against the order, 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Under Section 157(2) BNSS, if the Magistrate is satisfied that the order, either as originally made or subject to such modification as the Magistrate considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as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.

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.

When Section 157 BNSS Applies

  • 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 Under Section 157 BNSS

  • 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”

Example of Section 157 BNSS

An order under Section 152 BNSS is made against Rajesh, and Rajesh appears and shows cause against the order. Under Section 157(1) BNSS, Meera, the Magistrate, shall take evidence in the matter as in a summons-case. If Meera is satisfied that the order, either as originally made or subject to such modification as Meera 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(2) BNSS. If Meera is not so satisfied, no further proceedings shall be taken in the case under Section 157(3) BNSS. Under the proviso to Section 157(3) BNSS, the proceedings 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 Section 157 BNSS Does Not Apply

  • Section 157(1) BNSS speaks of the Magistrate taking evidence as in a summons-case when the person appears and shows cause. It does not deal with the making of the order, which Section 152 BNSS deals with.
  • Section 157(2) BNSS speaks of the order being made absolute without modification or with modification. It does not deal with the procedure where the existence of a public right is denied, which Section 156 BNSS deals with.
  • Section 157(3) BNSS speaks of no further proceedings being taken in the case when the Magistrate is not satisfied. It does not deal with the power of the Magistrate to direct local investigation and examination of an expert, which Section 158 BNSS deals with.

Section 157 BNSS in the CrPC (Previous Law)

Section 157 BNSS replaced Section 138 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 157 BNSS

What does the Magistrate do when the person appears and shows cause under Section 157(1) BNSS?▼

Under Section 157(1) BNSS, if the person against whom an order under Section 152 BNSS is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

When is the order made absolute under Section 157(2) BNSS?▼

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.

What happens under Section 157(3) BNSS if the Magistrate is not satisfied?▼

Under Section 157(3) BNSS, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case. 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.

What changed from Section 138 CrPC to Section 157 BNSS from 1 July 2024?▼

Section 157 BNSS has the heading Procedure where person against whom order is made under section 152 appears to show cause, where Section 138 CrPC has the heading Procedure where he appears to show cause. Section 157(1) BNSS refers to section 152 BNSS where Section 138(1) CrPC referred to 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.

Section 157 BNSS: Sub-sections Explained

Section 157(1) BNSS: Procedure where he appears to show cause

▶

Bare Act Text

(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.

Previous Law

CrPC 138 → Section 157(1) BNSS

Section 157(2) BNSS: Procedure where he appears to show cause

▶

Bare Act Text

(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.

Previous Law

CrPC 138(2) → Section 157(2) BNSS

Section 157(3) BNSS: Procedure where he appears to show cause

▶

Bare Act Text

(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.

Previous Law

CrPC 138(3) → Section 157(3) BNSS

Have questions about Section 157 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·