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.
Code of Criminal Procedure, 1973
Section 136
Consequences of his failing to do so
Englishहिंदी
⚡ Quick Answer Reference: Section 136 CrPC
- Provision: Section 136 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: If someone fails to perform a required act or appear and show cause, they will be liable to a penalty under Section 188 of the Indian Penal Code. The order will then be made absolute.
Statutory Content
What does Section 136 of CrPC say?
Indian StandardSection 136, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 136 (India)
Court Pleading StandardSection 136 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/136
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 136 of CrPC mean?
Plain English Explanation
If someone fails to perform a required act or appear and show cause, they will be liable to a penalty under Section 188 of the Indian Penal Code. The order will then be made absolute.
Practical Interpretation
This section is used to enforce compliance with a court order or directive. If the person fails to comply, they will face penalties and the order will be finalized.
Core Legal Purpose
The core purpose of this section is to ensure that individuals comply with court orders and directives. It provides a mechanism for enforcing compliance and imposing penalties for non-compliance.
Key Legal Elements
- •The person must fail to perform a required act or appear and show cause.
- •The failure to comply must be with a court order or directive.
- •The penalty for non-compliance is prescribed under Section 188 of the Indian Penal Code.
- •The order will be made absolute upon non-compliance.
Practical Example
Practical Example of Section 136 CrPC
Rajesh is ordered by the court to appear and show cause for his actions. However, he fails to appear and show cause. As a result, he will be liable to a penalty under Section 188 of the Indian Penal Code, and the order will be made absolute.
Common Questions (FAQ)
Frequently Asked Questions about Section 136 CrPC
Q: What is the punishment or consequence under Section 136 of CrPC?
The punishment or consequence under Section 136 of CrPC is a penalty prescribed under Section 188 of the Indian Penal Code.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities who fail to comply with a court order or directive.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 136 CrPC
What is Section 136 of CrPC?
Section 136 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Consequences of his failing to do so". In plain terms: If someone fails to perform a required act or appear and show cause, they will be liable to a penalty under Section 188 of the Indian Penal Code. The order will then be made absolute.
What is the punishment under Section 136 of CrPC?
Section 136 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 136 of CrPC bailable or non-bailable?
Whether Section 136 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 136 of CrPC?
The essential elements of Section 136 of CrPC are: The person must fail to perform a required act or appear and show cause.; The failure to comply must be with a court order or directive.; The penalty for non-compliance is prescribed under Section 188 of the Indian Penal Code..
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