cause.—(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 (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Bharatiya Nagarik Suraksha Sanhita
Section 157
Procedure where person against whom order is made under section 152 appears to show
⚡ Quick Answer Reference: Section 157 BNSS
- Provision: Section 157 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: If someone is affected by an order made under Section 152, they can appear in court and explain why the order should be changed. The magistrate will listen to their reasons and decide whether the order is fair and reasonable. If it is, the order will be confirmed. If not, the case will be closed.
What does Section 157 of BNSS say?
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What does Section 157 of BNSS mean?
Plain English Explanation
If someone is affected by an order made under Section 152, they can appear in court and explain why the order should be changed. The magistrate will listen to their reasons and decide whether the order is fair and reasonable. If it is, the order will be confirmed. If not, the case will be closed.
Practical Interpretation
This section allows individuals to contest orders made under Section 152 by presenting their case to the magistrate. The magistrate will assess the evidence and make a decision based on the reasonableness and fairness of the order.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for individuals to challenge orders made under Section 152, ensuring that such orders are reasonable and fair.
- •The person against whom an order is made under Section 152 must appear in court and show cause against the order.
- •The magistrate must take evidence in the matter as in a summons-case.
- •The magistrate must be satisfied that the order is reasonable and proper, either as originally made or subject to modification.
- •The proceedings under this section must be completed within a period of 90 days, which may be extended to 120 days for recorded reasons.
Practical Example of Section 157 BNSS
Rajesh, a resident of Mumbai, receives an order under Section 152 requiring him to vacate his premises. Rajesh believes the order is unfair and decides to appear in court to show cause. The magistrate hears Rajesh's arguments and assesses the evidence. After considering the matter, the magistrate decides that the order is reasonable and proper, and it is confirmed. The case is closed, and Rajesh must vacate the premises.
Frequently Asked Questions about Section 157 BNSS
Q: What is the punishment or consequence under Section 157 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are affected by an order made under Section 152, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 157 BNSS
What is Section 157 of BNSS?
Section 157 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where person against whom order is made under section 152 appears to show". In plain terms: If someone is affected by an order made under Section 152, they can appear in court and explain why the order should be changed. The magistrate will listen to their reasons and decide whether the order is fair and reasonable. If it is, the order will be confirmed. If not, the case will be closed.
What is the punishment under Section 157 of BNSS?
Section 157 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 157 of BNSS bailable or non-bailable?
Whether Section 157 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 157 of BNSS?
The essential elements of Section 157 of BNSS are: The person against whom an order is made under Section 152 must appear in court and show cause against the order.; The magistrate must take evidence in the matter as in a summons-case.; The magistrate must be satisfied that the order is reasonable and proper, either as originally made or subject to modification..
Landmark Judgments under Section 157 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 157
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