Section 138 CrPC: Procedure where he appears to show cause

Code of Criminal Procedure, 1973

Section 138 CrPC at a Glance

Section 138 CrPC deals with procedure where he appears to show cause. From 1 July 2024 it is replaced by Section 157 BNSS.

Now BNSS

Section 157 →

What Section 138 CrPC Says

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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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

Source: Section 138, Code of Criminal Procedure, 1973

Section 138 CrPC in Simple Words

Section 138 of the Code of Criminal Procedure, 1973 deals with the procedure where the person against whom an order under Section 133 CrPC is made appears to show cause. Under Section 138(1) CrPC, 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Under Section 138(2) CrPC, if the Magistrate is satisfied that the order, either as originally made or subject to such modification as the Magistrate considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as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. Under Section 138(3) CrPC, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

When Section 138 CrPC Applies

  • 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.
  • Under Section 138(1) CrPC, the Magistrate shall take evidence in the matter as in a summons-case.
  • Under Section 138(2) CrPC, if the Magistrate is satisfied that the order, either as originally made or subject to such modification as the Magistrate considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as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.
  • Under Section 138(3) CrPC, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

Example of Section 138 CrPC

An order under Section 133 CrPC is made against Rajesh, and Rajesh appears and shows cause against the order. Under Section 138(1) CrPC, 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 138(2) CrPC. If Meera is not so satisfied, no further proceedings shall be taken in the case under Section 138(3) CrPC.

When Section 138 CrPC Does Not Apply

  • Section 138(1) CrPC 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 133 CrPC deals with.
  • Section 138(2) CrPC 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 137 CrPC deals with.
  • Section 138(3) CrPC 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 139 CrPC deals with.

Section 138 CrPC Under BNSS 157: What Changed

Section 138 CrPC is now covered under Section 157 BNSS.

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.

View detailed comparison (CrPC 138 vs BNSS 157) →

FAQs on Section 138 CrPC

What does the Magistrate do when the person appears and shows cause under Section 138(1) CrPC?▼

Under Section 138(1) CrPC, if the person against whom an order under Section 133 CrPC 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 138(2) CrPC?▼

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.

What happens under Section 138(3) CrPC if the Magistrate is not satisfied?▼

Under Section 138(3) CrPC, if the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

Where is Section 138 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

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. The proviso to Section 157(3) BNSS has no counterpart in Section 138 CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·