Consequences of his failing to do so
Section 136 of the Code of Criminal Procedure, 1973 deals with consequences of his failing to do so. 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, and the order shall be made absolute. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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, and the order shall be made absolute.
Section 136, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 155 Penalty for failure to comply with section 154 Close, with changes 66%
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 The repealed enactment still governs what happened while it was in force.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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Gita Ram vs State of H. P
Court's Decision & Legal Precedent
The precise ratio decidendi cannot be extracted from this Record of Proceedings as judgment was only reserved; the substantive decision principle will be articulated in the full judgment dated February 1, 2013, which addresses the admissibility of special leave petitions in criminal matters and the conditions for Supreme Court intervention.
On this section: Supreme Court's special jurisdiction to grant leave to appeal in criminal matters where substantial questions of law or public importance are involved
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P.srinivasa Rao vs The Mandal Executive Magistrate-cum-mandal Revenue
Court's Decision & Legal Precedent
When an industrial unit has obtained prior permissions from all competent authorities after they have considered potential nuisance and prescribed specific mitigation measures, a magistrate's order under Section 141 Cr.P.C. directing relocation of the unit cannot be sustained if the unit is complying with the prescribed conditions. The magistrate must consider and give weight to prior administrative approvals and the specific pollution control measures mandated by regulatory authorities before ordering relocation of an industrial establishment.
On this section: Applied by magistrate to issue initial removal order dated April 15, 2003; court examined whether failure to challenge this order affects maintainability of revision against Section 141 order
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 136
What have the courts held on Section 136 of the Code of Criminal Procedure?
Gita Ram vs State of H. P (18 Jan 2013) is the leading judgment on this section among those set out below: Supreme Court's special jurisdiction to grant leave to appeal in criminal matters where substantial questions of law or public importance are involved. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2010 to 2013.
How do I find court cases under Section 136 of the Code of Criminal Procedure?
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: CRPC 136, section 136 CRPC, section 136 of the Code of Criminal Procedure. 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 Gita Ram vs State of H. P (18 Jan 2013).
What should I read with Section 136 of the Code of Criminal Procedure, and has it changed?
Its own text turns on Indian Penal Code 188 (Disobedience to order duly promulgated by public servant), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 155 (Penalty for failure to comply with section 154), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 136 of the Code of Criminal Procedure come into force?
Section 136 of the Code of Criminal Procedure, cited as CRPC 136, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.