(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.
Bharatiya Nagarik Suraksha Sanhita
Section 156
Procedure where existence of public right is denied
⚡ Quick Answer Reference: Section 156 BNSS
- Provision: Section 156 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: This section explains the procedure when someone denies a public right exists in a way, river, channel, or place. The Magistrate questions the person and may inquire into the matter before proceeding.
What does Section 156 of BNSS say?
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What does Section 156 of BNSS mean?
Plain English Explanation
This section explains the procedure when someone denies a public right exists in a way, river, channel, or place. The Magistrate questions the person and may inquire into the matter before proceeding.
Practical Interpretation
In practice, this section ensures that before the Magistrate proceeds with an order, they must investigate if there's a genuine dispute over public rights, potentially staying proceedings until the issue is resolved by a competent court.
Core Legal Purpose
The core purpose is to protect public rights and ensure that any disputes over their existence are properly addressed before the Magistrate takes further action, thereby upholding the principle of fairness and due process.
- •The Magistrate must question the person against whom the order was made about denying the existence of a public right.
- •The person must provide reliable evidence to support their denial of a public right.
- •The Magistrate must find reliable evidence in support of the denial to stay the proceedings.
- •Failure to deny the existence of a public right or to adduce reliable evidence at the initial stage can bar the person from making such a denial later.
Practical Example of Section 156 BNSS
Rajesh is ordered by the Magistrate to stop obstructing a public river. When questioned, Rajesh denies that the river is public, claiming it's part of his private property. The Magistrate then inquires into the matter. If Rajesh fails to provide reliable evidence supporting his claim, the Magistrate will proceed as laid down in section 157, potentially leading to enforcement of the order to remove the obstruction.
Frequently Asked Questions about Section 156 BNSS
Q: What is the consequence under Section 156 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the potential stay of proceedings until the matter of the existence of a public right is decided by a competent court.
Q: Does this section apply to private individuals or public entities?
This section applies to any person against whom an order under section 152 is made, which could be either a private individual or a public entity, depending on the circumstances of the case.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the criminal sense but rather with procedural aspects of addressing disputes over public rights. Therefore, it is neither bailable nor cognizable in the context provided.
Common Questions about Section 156 BNSS
What is Section 156 of BNSS?
Section 156 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where existence of public right is denied". In plain terms: This section explains the procedure when someone denies a public right exists in a way, river, channel, or place. The Magistrate questions the person and may inquire into the matter before proceeding.
What is the punishment under Section 156 of BNSS?
Section 156 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 156 of BNSS bailable or non-bailable?
Whether Section 156 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 156 of BNSS?
The essential elements of Section 156 of BNSS are: The Magistrate must question the person against whom the order was made about denying the existence of a public right.; The person must provide reliable evidence to support their denial of a public right.; The Magistrate must find reliable evidence in support of the denial to stay the proceedings..
Landmark Judgments under Section 156 BNSS
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