Procedure Where Person Against Whom Order Is Made Under Section 152 Appears To Show Cause.
This section deals with the process of making an order under Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) absolute.
Code:
BNSS Section 157:
- (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- (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Explanation: On Procedure Where Person Against Whom Order Is Made Under Section 152
This section outlines the procedure for making an order issued under Section 152 of BNSS absolute. Section 152 empowers a Magistrate to issue an order to maintain public peace and order.
- Sub-section (1): If the person against whom the order is issued appears and presents their case, the Magistrate must conduct a hearing like a summons-case and take evidence.
- Sub-section (2): After hearing the evidence, if the Magistrate finds the order reasonable and proper, they can make the order absolute (final). The order can be made absolute either in its original form or with modifications.
- Sub-section (3): If the Magistrate finds the order unreasonable or improper, they must dismiss the case and no further action is taken. The entire process should be completed within 90 days, which can be extended to 120 days with proper documentation.
Illustration:
Suppose a Magistrate issues an order under Section 152, prohibiting a person from holding a public gathering in their locality. The person appears before the Magistrate and argues that the order is unjust. Thus, stating the gathering was for a peaceful cause. The Magistrate hears the arguments and examines the evidence. If the Magistrate finds the order justified, it will be made absolute. However, if the Magistrate finds the order unjustified, they will dismiss the case.
Common Questions & Answers:
Q: What are the grounds for an order under Section 152 of BNSS?
A: The order can be issued if there is a likelihood of a breach of peace. Additionally, there is an order for public nuisance, or any other act that threatens public order.
Q: Who can issue an order under Section 152?
A: A Magistrate with jurisdiction over the area has the authority to issue such an order.
Q: What are the rights of the person against whom the order is issued?
A: The person has the right to appear before the Magistrate, present their case, and have evidence considered.
Q: What are the consequences of an order made absolute under Section 152?
A: The person is bound by the order, and failure to comply can lead to legal action, including imprisonment.
