Section 157 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 157 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure to be followed when a person against whom an order has been made under Section 152 appears and shows cause against the order.
📜 Section 157: Procedure Where Person Against Whom Order Is Made Under Section 152 Appears to Show Cause
Sub-section (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.
Sub-section (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If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Sub-section (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. (indiankanoon.org)
⚖️ Legal Context
Objective: This provision ensures that individuals against whom orders are made under Section 152 have an opportunity to contest the order, thereby upholding principles of natural justice.
Comparison with Cr.P.C.: Section 157 of the BNSS corresponds to Section 138 of the Indian Penal Code (IPC), which similarly deals with the procedure when a person appears to show cause against an order. (prashantkanha.com)
🧾 Practical Implications
Timely Resolution: The specified time frame for completing proceedings ensures that matters are resolved promptly, preventing prolonged uncertainty for the parties involved.
Judicial Discretion: The Magistrate has the discretion to modify or cancel the order based on the evidence presented, allowing for a fair assessment of the situation.
Right to Fair Hearing: The provision reinforces the right of individuals to be heard before adverse actions are taken against them.
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