Procedure where existence of public right is denied
Section 137 of the Code of Criminal Procedure, 1973 deals with procedure where existence of public right is denied. Where an order is made under section 133 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(1) Where an order is made under section 133 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 138, 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 138.
(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 137, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 156 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Anyway, the Executive Magistrate will have to take a proper decision according to law on the objection filed by the respondent and also on the execution application filed by the petitioner. If the objection is accepted and necessary enquiry is ordered under Section 137 of the Code of Criminal Procedure, by reopening the procedure, Ext.P4 execution petition cannot proceed. Anyway, let appropriate decision be taken by the Executive Magistrate. In the present circumstances, I find no reason or ground to issue a direction as sought by the petitioner. With the above observations and …
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… It is evident that the Revenue Divisional Officer has not issued a conditional order under section 133 or afforded the petitioner an opportunity to obey the conditional order or to show cause against the order or conducted an enquiry in terms of section 137 of the Code of Criminal Procedure before the impugned order was passed. In such circumstances, I am of the considered opinion that the impugned order cannot be sustained. That apart, it is evident from the pleadings and the materials on record that the petitioner and his wife have instituted a suit O.S.No.234 of …
Questions about Section 137
What have the courts held on Section 137 of the Code of Criminal Procedure?
Suresh Chand vs Zile Singh (12 Feb 2009) is the leading judgment on this section among those set out below: 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 137 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 137, section 137 CRPC, section 137 of the Code of Criminal Procedure. People searching for it also type crpc 137 2 in hindi and 137 crpc in bnss. 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 137 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 133 (Conditional order for removal of nuisance), section 138 (Procedure where he 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. For anything done on or after 1 July 2024 the provision to read is BNSS 156 (Procedure where existence of public right is denied), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 137 of the Code of Criminal Procedure come into force?
Section 137 of the Code of Criminal Procedure, cited as CRPC 137, 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.