Section 136 CrPC: Consequences of his failing to do so
Code of Criminal Procedure, 1973
Section 136 CrPC at a Glance
Section 136 CrPC deals with consequences of his failing to do so. From 1 July 2024 it is replaced by Section 155 BNSS.
What Section 136 CrPC Says
136. Consequences of his failing to do so
If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), and the order shall be made absolute.
Source: Section 136, Code of Criminal Procedure, 1973
Section 136 CrPC in Simple Words
Section 136 of the Code of Criminal Procedure, 1973 deals with the consequences of failing to perform the act or to appear and show cause. If such person does not perform such act or appear and show cause, the person shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code, and the order shall be made absolute.
When Section 136 CrPC Applies
- Section 136 CrPC applies if such person does not perform such act or appear and show cause.
- Under Section 136 CrPC, that person shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code.
- Under Section 136 CrPC, the order shall be made absolute.
Example of Section 136 CrPC
When Section 136 CrPC Does Not Apply
- Section 136 CrPC speaks of the liability of a person who does not perform such act or appear and show cause. It does not deal with the duty of the person to perform the act or to appear and show cause, which Section 135 CrPC deals with.
- Section 136 CrPC speaks of the order being made absolute when the person does not perform such act or appear and show cause. It does not deal with the procedure where the person appears and shows cause, which Section 138 CrPC deals with.
Section 136 CrPC Under BNSS 155: What Changed
Section 136 CrPC is now covered under Section 155 BNSS.
From 1 July 2024, Section 136 of the Code of Criminal Procedure, 1973 is found in Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 155 BNSS is Penalty for failure to comply with section 154, where the heading of Section 136 CrPC is Consequences of his failing to do so. Section 155 BNSS reads the person against whom an order is made under section 154 where Section 136 CrPC read such person, and reads specified where Section 136 CrPC read prescribed. Section 155 BNSS refers to section 223 of the Bharatiya Nyaya Sanhita, 2023 where Section 136 CrPC referred to section 188 of the Indian Penal Code. The rest of the text reads the same.
View detailed comparison (CrPC 136 vs BNSS 155) →FAQs on Section 136 CrPC
What happens under Section 136 CrPC if the person does not perform the act or appear and show cause?▼
Under Section 136 CrPC, if such person does not perform such act or appear and show cause, the person shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code, and the order shall be made absolute.
Which penalty provision does Section 136 CrPC refer to?▼
Section 136 CrPC refers to Section 188 of the Indian Penal Code, and states that the person shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code.
What happens to the order under Section 136 CrPC?▼
Under Section 136 CrPC, the order shall be made absolute.
Where is Section 136 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 136 CrPC is found in Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·