Section 156 BNSS — Procedure Where Existence of Public Right Is Denied

Section 156 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with a specific situation arising in public-nuisance proceedings: the person against whom an order under Section 152 has been made claims that the public does not actually possess the right whose alleged obstruction, nuisance or danger forms the basis of the order.

The provision applies where the Section 152 order concerns the public’s use of a way, river, channel or place. If the person denies the existence of the alleged public right, the Magistrate cannot simply proceed to the next stage without first examining whether there is reliable evidence supporting that denial. If such evidence exists, the proceedings must be stayed until a competent Court decides the existence of the right.

Section 156 therefore creates a procedural safeguard against deciding a public-nuisance proceeding on the assumption that a disputed public right exists when there is credible material suggesting otherwise.

Introduction

The public-nuisance procedure under the BNSS begins with Section 152, under which a Magistrate may make a conditional order for removal of a nuisance or for prevention of an obstruction, danger or similar situation affecting the public.

After the order is served or notified under Section 153, the person against whom it is made may appear and show cause under Section 154.

Section 156 becomes relevant at this stage where the Section 152 order concerns a public right of use and the person appearing before the Magistrate denies that such public right exists.

The provision is designed to prevent the Magistrate from proceeding with the nuisance inquiry as though the public right were undisputed. At the same time, a bare denial is not enough to stop the proceedings. The person must produce reliable evidence supporting the denial.

Section at a Glance

Particular	Details
Section	Section 156 BNSS
Subject	Procedure where existence of public right is denied
Chapter	Chapter XI — Maintenance of Public Order and Tranquillity
Part	Public Nuisances
Nature	Procedural
Main purpose	To deal with a denial of the public right underlying a Section 152 order
Public rights covered	Rights relating to a way, river, channel or place
Key test	Whether there is reliable evidence supporting the denial
Consequence if reliable evidence exists	Proceedings are stayed
Competent forum for deciding the right	Competent Court
Consequence if no reliable evidence exists	Magistrate proceeds under Section 157
Corresponding CrPC provision	Section 137 CrPC
Related provisions	Sections 152, 154, 155, 157 and 158 BNSS

Statutory Provision

Section 156 BNSS contains three sub-sections.

Sub-section (1)

Where an order has been made under Section 152 to prevent obstruction, nuisance or danger to the public in the use of a way, river, channel or place, the Magistrate must, when the person against whom the order was made appears, ask whether that person denies the existence of the relevant public right.

If the person denies the right, the Magistrate must inquire into that issue before proceeding under Section 157.

Sub-section (2)

After conducting this inquiry, the Magistrate must determine whether there is reliable evidence supporting the denial.

There are two possibilities:

• Reliable evidence exists: the Magistrate must stay the proceedings until a competent Court decides whether the public right exists.
• No reliable evidence exists: the Magistrate proceeds according to Section 157.

Sub-section (3)

A person who:

• failed to deny the existence of the public right when questioned by the Magistrate; or
• denied it but failed to produce reliable evidence supporting the denial,

cannot subsequently raise the same denial in the proceedings.

This prevents a person from withholding the objection at the appropriate stage and attempting to introduce it later merely to delay or complicate the proceeding.

Meaning of Section 156 BNSS

In simple terms, Section 156 deals with the question:

What happens when a person says that the public does not actually have the right whose alleged obstruction or nuisance has resulted in a Section 152 order?

The answer depends on the evidence.

Denial + reliable evidence → proceedings stay → competent Court decides the public right.

Denial + no reliable evidence → Magistrate proceeds under Section 157.

No denial at the prescribed stage → later denial is barred.

The provision therefore distinguishes between a genuine dispute supported by evidence and a mere unsupported assertion.

Purpose and Object of the Provision

The principal purpose of Section 156 is to prevent the Magistrate’s preventive jurisdiction from being used to conclusively determine a disputed civil right that properly requires adjudication by a competent Court.

At the same time, the provision prevents proceedings from being unnecessarily stalled by an unsupported denial.

This produces a balance:

• a credible dispute concerning the existence of a public right is sent to the competent Court; but
• a bare denial without reliable evidence does not prevent the Magistrate from continuing the statutory nuisance proceedings.

The section therefore separates the preventive public-order proceeding from the final adjudication of the underlying right.

Essential Requirements of Section 156

1. There must be an order under Section 152

The provision applies where an order has been made under Section 152 for preventing:

• obstruction,
• nuisance, or
• danger to the public

in the use of a way, river, channel or place.

2. The person against whom the order was made must appear

The Magistrate considers the question of denial when the concerned person appears before him.

3. The Magistrate must ask about the public right

The Magistrate is required to question the person as to whether the existence of the relevant public right is denied.

4. The person must actually deny the existence of the right

Section 156 is triggered by a denial of the public right.

A general objection to the Section 152 order is not necessarily the same thing as denying the existence of the public right itself.

5. The denial must be supported by reliable evidence

A mere assertion is insufficient to require a stay.

The Magistrate must inquire whether there is reliable evidence in support of the denial.

6. The consequence depends upon the evidence

Reliable evidence leads to a stay of proceedings.

No reliable evidence means that the Magistrate proceeds under Section 157.

How Section 156 BNSS Works

The procedure can be understood step by step.

Step 1 — Section 152 order

The Magistrate makes a conditional order concerning obstruction, nuisance or danger to the public’s use of a way, river, channel or place.

Step 2 — Appearance

The person against whom the order is made appears before the Magistrate.

Step 3 — Question regarding public right

The Magistrate asks whether the person denies the existence of the relevant public right.

Step 4 — Inquiry into the denial

If the person denies the right, the Magistrate examines whether there is reliable evidence supporting that denial.

Step 5 — Two possible outcomes

If reliable evidence exists:
The proceedings are stayed until a competent Court decides whether the public right exists.

If reliable evidence does not exist:
The Magistrate proceeds under Section 157.

Step 6 — Later denial is restricted

If the person failed to raise the denial when questioned, or raised it without producing reliable evidence, the person cannot subsequently rely upon the same denial in the proceedings.

When Does Section 156 Apply?

Section 156 applies when:

• an order has been made under Section 152;
• the order concerns obstruction, nuisance or danger affecting public use of a way, river, channel or place;
• the person against whom the order is made appears;
• the person denies the existence of the relevant public right; and
• the Magistrate has to determine whether that denial is supported by reliable evidence.

Section 156 does not mean that every dispute automatically goes to a Civil Court

A mere denial is not sufficient.

The Magistrate first examines whether reliable evidence supports the denial. Only when such evidence exists must the proceedings be stayed pending determination by a competent Court.

What Is a “Public Right”?

For Section 156, the relevant right is a right claimed to be enjoyed by the public, particularly in relation to the use of a way, river, channel or place.

Examples may include a claimed public right to use:

• a pathway;
• a public passage;
• a river or channel;
• another place alleged to be available for public use.

The crucial question is not simply whether the individual has a private right. The issue under Section 156 is whether the public right itself exists.

Reliable Evidence: Why It Matters

Section 156 does not require the Magistrate to finally determine the public right.

The Magistrate’s immediate task is narrower: to determine whether there is reliable evidence supporting the person’s denial.

This distinction is important.

The Magistrate is not being asked to conclusively decide the title or final civil rights of the parties. The question at this stage is whether the denial is sufficiently supported to justify staying the preventive proceedings and allowing the competent Court to determine the existence of the public right.

Effect of a Stay Under Section 156(2)

Where reliable evidence supports the denial, the Magistrate shall stay the proceedings.

The stay continues until the question concerning the existence of the public right has been decided by a competent Court.

Thus, the Magistrate does not proceed under Section 157 while the relevant right remains subject to the statutory stay.

The provision recognises that a competent Court, rather than the Magistrate in the preventive proceeding, should determine the disputed existence of the public right where the denial has reliable evidentiary support.

What Happens If There Is No Reliable Evidence?

If the Magistrate finds that the denial is unsupported by reliable evidence, the proceedings do not remain stalled.

Section 156(2) directs the Magistrate to proceed as laid down in Section 157.

Section 157 then deals with the procedure where the person against whom the Section 152 order was made appears and shows cause.

This creates an important distinction:

Reliable evidence supporting denial → stay.

No reliable evidence → Section 157 procedure.

Bar Under Section 156(3)

Sub-section (3) is an important procedural limitation.

A person cannot keep the question of public right in reserve and raise it at a later stage.

If the person:

• did not deny the existence of the public right when questioned by the Magistrate; or
• denied it but failed to produce reliable evidence supporting the denial,

the person cannot subsequently make that denial in the proceedings.

The object is procedural discipline. A party must raise the relevant objection at the stage specifically provided by the law.

Relationship with Section 152 BNSS

Section 152 is the source of the conditional order.

Section 156 applies only to a particular category of Section 152 orders — those concerning obstruction, nuisance or danger to the public in the use of a way, river, channel or place.

Therefore, Section 156 should not be treated as a general procedure for every possible objection to every Section 152 order.

Relationship with Section 154 BNSS

Section 154 gives the person against whom the order is made two alternatives:

• comply with the order; or
• appear and show cause.

Section 156 becomes relevant where the person appears and raises a specific denial concerning the existence of the public right.

Thus:

Section 154 → opportunity to show cause.

Section 156 → special procedure where the show-cause response denies the relevant public right.

Relationship with Section 155 BNSS

Section 155 deals with the situation where the person neither complies with the order nor appears and shows cause.

Section 156 deals with a different situation: the person does appear, and a specific issue concerning the existence of a public right is raised.

Therefore:

• No compliance + no appearance → Section 155
• Appearance + denial of public right → Section 156

This distinction is particularly useful in judiciary examinations.

Relationship with Section 157 BNSS

Section 157 is the next procedural stage where the person appears to show cause against the Section 152 order.

Section 156 comes before Section 157 where a denial of public right is raised.

The sequence is:

Appearance → denial of public right? → Section 156 inquiry → reliable evidence? → stay or proceed under Section 157.

If there is no reliable evidence supporting the denial, the Magistrate proceeds under Section 157.

Relationship with Section 158 BNSS

Section 158 empowers the Magistrate to direct local investigation and examination of an expert in appropriate proceedings under the public-nuisance chapter.

This may become relevant where factual or technical material needs to be examined during the proceedings.

Section 156, however, specifically focuses on the existence of a disputed public right and the threshold question of whether reliable evidence supports its denial.

Difference Between Section 156 and Section 157 BNSS

Basis	Section 156 BNSS	Section 157 BNSS
Main issue	Denial of existence of public right	Person appears and shows cause
Trigger	Specific denial of public right	Appearance to contest the Section 152 order
Preliminary inquiry	Whether reliable evidence supports the denial	Magistrate proceeds with the statutory hearing
If reliable evidence exists	Proceedings are stayed	Not applicable
If reliable evidence does not exist	Proceed under Section 157	Hearing proceeds
Core purpose	Protect genuine disputes concerning public rights	Determine whether the Section 152 order should be made absolute

Practical Example

Example: A Magistrate issues an order under Section 152 directing A to remove an obstruction from a pathway allegedly used by the public.

A appears before the Magistrate and states:

“This is not a public pathway. The public has no legal right to use it.”

The Magistrate must then follow Section 156.

The Magistrate examines whether A has reliable evidence supporting the denial—for example, documents or other material capable of supporting the claim that no public right exists.

If reliable evidence exists, the Magistrate stays the proceedings until a competent Court decides whether the public right exists.

If A merely makes the assertion without reliable supporting evidence, the Magistrate proceeds under Section 157.

Important Judicial Position

Section 156 BNSS substantially corresponds to Section 137 of the Code of Criminal Procedure, 1973 (CrPC).

The core principle carried forward from the earlier provision is that where a person disputes the existence of the public right underlying a nuisance proceeding, a mere denial is not enough to stop the Magistrate’s proceedings. The denial must be supported by reliable evidence; otherwise, the Magistrate proceeds with the statutory inquiry.

The BNSS provision should therefore be read together with Sections 152, 154 and 157 when considering the procedural consequences of such a denial.

Common Confusions About Section 156 BNSS

1. Section 156 is not about private ownership alone

The provision specifically concerns the existence of a public right relating to a way, river, channel or place.

A private title dispute and a dispute about a public right are not automatically the same thing.

2. A bare denial is insufficient

The person must produce reliable evidence supporting the denial if the person wants the proceedings to be stayed.

3. The Magistrate does not finally adjudicate the public right

Where reliable evidence exists, the Magistrate stays the proceedings and leaves the question of existence of the right to a competent Court.

4. Section 156 does not apply before the person appears

The statutory inquiry is triggered when the person against whom the Section 152 order was made appears before the Magistrate and the issue of denial arises.

5. Failure to raise the denial at the prescribed stage matters

Under Section 156(3), a person who fails to deny the right when questioned, or who makes the denial without producing reliable evidence, cannot later raise the same denial in the subsequent proceedings.

Practical Importance in Criminal Proceedings

Section 156 is significant where a public-nuisance proceeding is based on an alleged public right of use.

For an advocate representing the person against whom the order is made, the important practical question is whether the facts genuinely involve a dispute about the existence of the public right. If so, the relevant evidence supporting that denial should be brought before the Magistrate at the stage contemplated by Section 156.

For the Magistrate, the provision creates a threshold inquiry. The Magistrate must distinguish between:

• a genuine dispute supported by reliable evidence; and
• a bare denial intended merely to delay the proceedings.

For the public authorities, the provision prevents a nuisance proceeding from being indefinitely stalled by unsupported objections.

Corresponding Provision Under the Old CrPC

BNSS	Earlier CrPC
Section 156 — Procedure where existence of public right is denied	Section 137 — Procedure where existence of public right is denied

The basic procedural structure has been carried forward into the BNSS.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 156 BNSS = denial of existence of public right.
• It applies to certain Section 152 orders concerning public use of a way, river, channel or place.
• The Magistrate must question the person about the existence of the public right.
• If the person denies the right, the Magistrate must inquire into the denial before proceeding under Section 157.
• Reliable evidence supporting the denial → proceedings stayed.
• The stay continues until a competent Court decides the existence of the right.
• No reliable evidence → Magistrate proceeds under Section 157.
• Failure to raise the denial at the prescribed stage, or failure to support it with reliable evidence, prevents the person from raising the same denial later.
• The corresponding CrPC provision is Section 137.

One-Line Exam Formula

Section 156 BNSS = Denial of public right + reliable evidence → stay proceedings pending competent Court’s decision.

Important Questions to Prepare

1. What is the object of Section 156 BNSS?
2. When does Section 156 become applicable?
3. What procedure must a Magistrate follow when the existence of a public right is denied?
4. What is the effect of reliable evidence supporting the denial?
5. What happens when there is no reliable evidence supporting the denial?
6. Explain the significance of Section 156(3) BNSS.
7. Distinguish Section 155 from Section 156 BNSS.
8. Distinguish Section 156 from Section 157 BNSS.
9. What is the corresponding provision under the CrPC?
10. Can the Magistrate finally decide the existence of the disputed public right under Section 156?

Key Legal Principles

1. A genuine public-right dispute receives special treatment

Where the existence of a public right is genuinely disputed and the denial is supported by reliable evidence, the Magistrate must stay the proceedings.

2. A bare denial does not stop the proceedings

The person must produce reliable evidence supporting the denial.

3. The competent Court decides the disputed right

The Magistrate stays the proceedings where reliable evidence exists and waits for the competent Court to decide the existence of the public right.

4. The objection must be raised at the prescribed stage

Section 156(3) prevents a person from introducing the same denial later after failing to raise it properly when questioned.

5. Section 156 acts as a bridge to Section 157

If the denial lacks reliable evidentiary support, the Magistrate proceeds with the Section 157 procedure.

Key Takeaways

Concept	Principle
Section	Section 156 BNSS
Subject	Procedure where existence of public right is denied
Relevant order	Section 152
Rights covered	Public use of a way, river, channel or place
Trigger	Person appears and denies the public right
Magistrate’s first task	Inquire whether reliable evidence supports the denial
Reliable evidence exists	Proceedings stayed
Who decides the right?	Competent Court
No reliable evidence	Proceed under Section 157
Later denial	Barred in the circumstances specified by Section 156(3)
Old CrPC provision	Section 137
Core principle	Genuine, evidence-supported disputes about public rights are stayed for competent Court determination

ASLO READ: Section 155 – Penalty for failure to comply with section 154

Conclusion

Section 156 BNSS deals with a narrow but important issue in public-nuisance proceedings: what happens when the person against whom a Section 152 order has been made denies that the public has the right whose alleged obstruction or nuisance forms the basis of the order?

The answer depends on evidence. A reliable evidentiary basis for the denial requires the Magistrate to stay the proceedings until a competent Court decides the public right. Without such evidence, the Magistrate proceeds under Section 157. The provision also prevents a person from keeping the objection in reserve and raising it later.

For quick revision:

Section 152 — Conditional nuisance order
Section 154 — Person appears and shows cause
Section 156 — Public right denied? Check for reliable evidence
Reliable evidence → Stay → Competent Court decides
No reliable evidence → Section 157 procedure