Procedure where existence of public right is denied
Section 156 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where existence of public right is denied. 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 Act came into force on 01 Jul 2024.
(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.
Section 156, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 137 Procedure where existence of public right is denied Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Suresh Chand vs Zile Singh
Decided under Code of Criminal Procedure 137, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
No final order under Section 133 of the Code of Criminal Procedure can be passed without holding an enquiry as envisaged under Section 137 CrPC, except in emergency situations. The enquiry is a mandatory procedural safeguard to examine whether a genuine dispute exists and whether it constitutes a nuisance as defined in the Code.
On this section: Section 137 mandates that before issuing a final order under Section 133, the magistrate must hold an enquiry to examine whether a dispute exists and whether it constitutes a nuisance as defined in the Code. The court affirmed that this enquiry is mandatory except in emergency situations.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 156
What have the courts held on Section 156 of the Bharatiya Nagarik Suraksha Sanhita?
Suresh Chand vs Zile Singh (12 Feb 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 137, which this section replaced -- the court never mentioned this Act: Section 137 mandates that before issuing a final order under Section 133, the magistrate must hold an enquiry to examine whether a dispute exists and whether it constitutes a nuisance as defined in the Code. The court affirmed that this enquiry is mandatory except in emergency situations.
How do I find court cases under Section 156 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 156, section 156 BNSS, section 156 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 156(3) and 156 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Suresh Chand vs Zile Singh (12 Feb 2009).
What should I read with Section 156 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 152 (Conditional order for removal of nuisance), section 157 (Procedure where person against whom order is made under section 152 appears to show-cause), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 137 (Procedure where existence of public right is denied), so the judgments decided under that provision are the case law on this one.
When did Section 156 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 156 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 156, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.