Section 157 BNSS: Procedure where person against whom order is made under section 152 appears to show cause (Formerly Section 138 CrPC)

Section 157 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure where person against whom order is made under section 152 appears to show cause

Official Bare Act Text

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

(1) If the person against whom an order under section 152 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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:

Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.

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 157

Section 157 regulates the procedure where a person appears to show cause, providing that if the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case.

Judicial Satisfaction: Magistrate finds upon evidence that the conditional order was unjustified, unreasonable, or disproportionate.
Termination of Proceedings: Formal dropsy or dismissal of the conditional notice.
Protection from Penal Liability: The respondent is completely exonerated from any liability under Section 223 BNS.

Key Landmark Precedents:

State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: Affirmed that the magistrate possesses complete statutory authority to recall or drop conditional orders upon proof of compliance or absence of nuisance.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Clarified the discretionary power of magistrates to terminate proceedings when public safety is no longer compromised.

Courtroom Practice & Strategic Litigation Guidance:

Highlight that the alleged nuisance has been removed or that the industrial effluent meets State Pollution Control Board standards, securing an order under Section 157 dropping the proceedings.