Procedure where person against whom order is made under section 152 appears to show-cause
Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where person against whom order is made under section 152 appears to show-cause. 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. The Act came into force on 01 Jul 2024.
(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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Section 157, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 138 Procedure where he appears to show cause Close, with changes 84%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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P. Balasubramanian vs The Executive Magistrate-cum-thasildar
Court's Decision & Legal Precedent
Where a person served with a conditional order under Section 152(1) BNSS appears and shows cause, the Executive Magistrate must take evidence as in a summons case under Section 157 before making the order absolute; a final order passed on the explanation alone, without recording any evidence or holding an enquiry, is a procedural violation. The final order closing the petitioner's prawn farm was set aside and the matter remanded for a fresh order after taking evidence, to be completed within three months.
On this section: Treats the taking of evidence under Section 157 as a mandatory step, and quashes an Executive Magistrate's final order made without it.
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Muthu vs The Executive Magistrate/ Tahsildar
Court's Decision & Legal Precedent
On the same facts of a prawn-farm closure, the Court held that after notice under Section 152(1) BNSS and the party's explanation, the Executive Magistrate cannot pass a final order without recording evidence as required by Section 157; the impugned order was set aside and the matter remanded for a fresh order after taking evidence within three months, the petitioner being left free to pursue the revisional remedy before the Revenue Divisional Officer.
On this section: Applies Section 157 to hold that the absence of any recording of evidence after cause is shown vitiates the Executive Magistrate's final order under the public-nuisance chapter.
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 157
What have the courts held on Section 157 of the Bharatiya Nagarik Suraksha Sanhita?
P. Balasubramanian vs The Executive Magistrate-cum-thasildar (04 Apr 2025) is the leading judgment on this section among those set out below: Treats the taking of evidence under Section 157 as a mandatory step, and quashes an Executive Magistrate's final order made without it. Another 1 judgment on this section is set out below.
How do I find court cases under Section 157 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 157, section 157 BNSS, section 157 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type crpc 157 bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with P. Balasubramanian vs The Executive Magistrate-cum-thasildar (04 Apr 2025).
What should I read with Section 157 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 152 (Conditional order for removal of nuisance), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. It carries forward CrPC 138 (Procedure where he appears to show cause), so the judgments decided under that provision are the case law on this one.
When did Section 157 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 157 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 157, 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 15 Oct 2026. This page is not a substitute for legal advice.