BNSS Section 156: Procedure Where Existence Of Public Right Is Denied
Code:
(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), fail 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.
Explanation:
This section deals with the procedural aspects of an order made under Section 152 of the BNSS, which pertains to preventing public obstruction, nuisance, or danger in the use of public spaces like roads, rivers, or channels. This specific section focuses on how a person can deny the existence of a public right in such a space.
Illustration: on Procedure Where Existence Of Public Right Is Denied
Imagine a local resident claims ownership of a public road, preventing people from using it. The Magistrate, under Section 152, orders them to stop obstructing the public right of way. The resident then appears before the Magistrate and denies the existence of any public right on the road.
Scenario:
The Magistrate, under Section 152(1), questions the resident about their denial. The resident fails to present any reliable evidence to support their claim of private ownership. According to Section 152(3), the resident is now barred from raising the denial of public right again in the subsequent proceedings. The Magistrate will proceed to enforce the initial order under Section 157.
Common Questions and Answers:
- Q: What happens if the person does not deny the public right?
A: If the person does not deny the public right, the Magistrate will proceed under Section 157. - Q: What happens if the person denies the public right but fails to provide evidence?
A: They are barred from raising the denial again in the subsequent proceedings.
Q: What if the person denies the public right and provides evidence?
A: The Magistrate will stay the proceedings until a competent court determines the existence of the public right.
