Code of Criminal Procedure, 1973

Section 138

Procedure where he appears to show cause

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⚡ Quick Answer Reference: Section 138 CrPC

Provision: Section 138 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India

Statutory Content

What does Section 138 of CrPC say?

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. If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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. If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

Indian StandardSection 138, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 138 (India)

Court Pleading StandardSection 138 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 138 CrPC

What is Section 138 of CrPC?

Section 138 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure where he appears to show cause". The section states: 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. If...