Section 137 CrPC: Procedure where existence of public right is denied

Code of Criminal Procedure, 1973

Section 137 CrPC at a Glance

Section 137 CrPC deals with procedure where existence of public right is denied. From 1 July 2024 it is replaced by Section 156 BNSS.

Now BNSS

Section 156 →

What Section 137 CrPC Says

137. Procedure where existence of public right is denied

(1) Where an order is made under section 133 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 138, 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 138.

(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 137, Code of Criminal Procedure, 1973

Section 137 CrPC in Simple Words

Section 137 of the Code of Criminal Procedure, 1973 deals with the procedure where the existence of a public right is denied by the person against whom an order was made under Section 133 CrPC for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place. Under Section 137(1) CrPC, 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 138 CrPC.

Under Section 137(2) CrPC, 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 138 CrPC. Section 137(3) CrPC 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 137 CrPC Applies

  • Section 137(1) CrPC applies where an order is made under Section 133 CrPC 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 138 CrPC, inquire into the matter.
  • Section 137(2) CrPC 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 138 CrPC.
  • Section 137(3) CrPC applies to a person who failed to deny the existence of a public right when questioned under Section 137(1) CrPC, 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 137 CrPC

An order is made under Section 133 CrPC against Harish to prevent obstruction of a way used by the public. On the appearance of Harish before the Magistrate, the Magistrate questions Harish under Section 137(1) CrPC as to whether Harish denies the existence of any public right in respect of the way. Harish denies it, and the Magistrate inquires into the matter before proceeding under Section 138 CrPC. If the Magistrate finds reliable evidence in support of the denial, the Magistrate shall stay the proceedings until a competent Court has decided the matter.

When Section 137 CrPC Does Not Apply

  • Section 137(1) CrPC speaks of the appearance before the Magistrate of the person against whom an order under Section 133 CrPC was made. It does not deal with the service or notification of the order, which Section 134 CrPC addresses.
  • Section 137 CrPC 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 138 CrPC addresses.

Section 137 CrPC Under BNSS 156: What Changed

Section 137 CrPC is now covered under Section 156 BNSS.

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.

View detailed comparison (CrPC 137 vs BNSS 156) →

FAQs on Section 137 CrPC

What shall the Magistrate ask under Section 137(1) CrPC?▼

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 137(2) CrPC 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 138 CrPC.

Who may not make a denial in the subsequent proceedings under Section 137(3) CrPC?▼

A person who, on being questioned by the Magistrate under Section 137(1) CrPC, 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.

Where is Section 137 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 137(1) CrPC is found in Section 156(1) BNSS, Section 137(2) CrPC in Section 156(2) BNSS and Section 137(3) CrPC in Section 156(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·