Procedure where he appears to show cause
Section 138 of the Code of Criminal Procedure, 1973 deals with procedure where he appears to show cause. 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) 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.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Section 138, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 157 Procedure where person against whom order is made under section 152 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 The repealed enactment still governs what happened while it was in force.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.p.hamsa vs M.n.kunharamutty Haji
Court's Decision & Legal Precedent
Under the scheme of Chapter XB Cr.P.C., an order under section 141 Cr.P.C. consequent on disobedience of a final order under section 138 Cr.P.C. can be passed only against the person against whom the final order under section 138 was passed. A tenant in actual possession of a building is a necessary party to proceedings under section 133 Cr.P.C., and no order can be effectively passed without giving notice to the occupant. Therefore, an order passed against a landlord cannot be enforced against a tenant by initiating section 141 proceedings unless a separate final order under section 138 has been passed in proceedings where the tenant was also a party.
On this section: Section 138 Cr.P.C. provides for making conditional orders absolute. The court noted that final orders under this section can only be passed in proceedings where all necessary parties have been given notice and opportunity to be heard.
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Damayanthi vs The State of Kerala
Court's Decision & Legal Precedent
Disputes pertaining to lateral support between adjoining properties do not fall within the purview of Section 133 Cr.P.C., and the appropriate remedy for such disputes lies in civil courts, not in criminal proceedings. Criminal procedure provisions cannot be invoked to resolve civil property disputes.
On this section: The provisional order issued under Section 138 Cr.P.C. was set aside as it was based on an inappropriate invocation of Section 133 Cr.P.C. Section 138 provides for provisional orders pending final disposal, but its application was deemed improper in the context of a lateral support dispute.
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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… No.25978 of 2021 Dated this the 21st day of December, 2021 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner seeks to direct the 1st respondent to consider Ext.P1 petition and proceed with taking of evidence under Section 138 of the Code of Criminal Procedure pursuant to Ext.P2 Conditional Order and pass appropriate orders in accordance with law within a stipulated time period. 2. The petitioner states that the Petitioner is the owner in possession of a two storied building with Nos.420 to 424 in Ward No.24 of the Thinuvalla …
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… The Counsel for the 5 th respondent submitted that on the basis of Exhibit P5, 5 th respondent appeared before the Sub Divisional Magistrate and filed objections. If that be the case, the Sub Divisional Magistrate has to conduct enquiry as provided under Sections 137 and 138 of the Code of Criminal Procedure and pass appropriate orders. Before that, it is not proper for this court to direct the first respondent to implement the order immediately as claimed by the petitioner in this petition. But, however, the prayer No.1 directing the first respondent to dispose of the case at the …
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… JJ. --------------------------------------------- W.A.No. 1615 of 2008 --------------------------------------------- Dated this the 31 st day of July, 2008 J U D G M E N T Koshy,J: Appellants/petitioners challenge Ext.P5 order passed by the Sub Divisional Magistrate, Fort Kochi under Section 138 of the Code of Criminal Procedure. The learned Judge refused to entertain the writ petition filed under Article 226 of the Constitution of India on the ground that proper remedy is to approach the revisional court to challenge Ext.P5 order in accordance with law. According to the appellants, they have applied for …
Questions about Section 138
What have the courts held on Section 138 of the Code of Criminal Procedure?
P.p.hamsa vs M.n.kunharamutty Haji (01 Oct 2007) is the leading judgment on this section among those set out below: Section 138 Cr.P.C. provides for making conditional orders absolute. The court noted that final orders under this section can only be passed in proceedings where all necessary parties have been given notice and opportunity to be heard. Another 1 judgment on this section is set out below. They run from 2007 to 2021.
How do I find court cases under Section 138 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 138, section 138 CRPC, section 138 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 P.p.hamsa vs M.n.kunharamutty Haji (01 Oct 2007).
What should I read with Section 138 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 133 (Conditional order for removal of nuisance), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 157 (Procedure where person against whom order is made under section 152 appears to show-cause), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 138 of the Code of Criminal Procedure come into force?
Section 138 of the Code of Criminal Procedure, cited as CRPC 138, 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.