CRPC §137BNSS §156

Procedure where existence of public right is denied

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §137
Procedure where existence of public right is denied

137. Procedure where existence of public right is denied.—(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.

New law
BNSS §156
Procedure where existence of public right is

156.

(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), Service or notification of order. Person to whom order is addressed to obey or show cause. Penalty for failure to comply with section 154. Procedure where existence of public right is denied. 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.

What changedAI-inferred

Procedure where existence of public right is denied.

Old position

CrPC 137 is concerned with Procedure where existence of public right is denied. Procedure where existence of public right is denied

New position

BNSS 156 preserves the framework with drafting modernisations as required by the new code. Topic: Procedure where existence of public right is. 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

BNSS 156 (Procedure where existence of public right is) preserves the framework of CrPC 137. BNSS 156 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 156 text: Where an order is made under...

Editorial deltaAI-indicated (source-linked)

BNSS 156 (Procedure where existence of public right is) preserves the framework of CrPC 137. BNSS 156 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 156 text: 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...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 137 continues to apply. For matters from that date forward, BNSS 156 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 156 (Procedure where existence of public right is). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §137 → BNSS §156 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/137.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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