Law Maker

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY · B.–Public nuisances

Section 138: Procedure where he appears to show cause

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

138. Procedure where he appears to show cause.BNSS 157

Questions on this section

1 question in 4 of our papers cite Section 138.

Practise questions on Criminal Law