Section 156 BNSS: Procedure where existence of public right is denied (Formerly Section 137 CrPC)

Section 156 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure where existence of public right is denied

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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), 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 156

Section 156 prescribes the mandatory procedure where the existence of a public right is denied by the person showing cause in respect of any way, river, building, or water body.

Denial of Public Right: The person called upon explicitly denies the existence of any public right in the pathway, water body, or land.
Preliminary Inquiry on Denial: Magistrate MUST question the person and conduct an inquiry before proceeding under Section 155.
Reliable Evidence Test: If there is any reliable evidence in support of such denial, the Magistrate MUST stay proceedings until the matter is decided by a competent civil court.

Key Landmark Precedents:

Kailash Chand v. Dharam Das (2005) 5 SCC 337: The Supreme Court held that Section 137 CrPC (Section 156 BNSS) is mandatory; if the respondent produces reliable prima facie evidence of private ownership, the criminal court must stay hands and relegate parties to civil court.
Suhelkhan Khudyarkhan v. State of Maharashtra (2009) 5 SCC 586: Reiterated that magistrates exercising nuisance powers cannot usurp the functions of civil courts to decide disputed boundary or easement titles.

Courtroom Practice & Strategic Litigation Guidance:

Master defence strategy: Produce registered revenue title deeds or old settlement maps showing the passage is private land. Under *Kailash Chand*, once 'reliable evidence' of private title is placed, the SDM is legally bound to stay proceedings.