Section 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the procedure to be followed when the person against whom a conditional order under Section 152 has been made appears before the Magistrate and shows cause against the order.
This provision is important because Section 152 begins the public-nuisance proceeding with a conditional order, while Section 157 provides the procedure for deciding what happens when the affected person actually contests that order.
In simple terms:
Section 152 = Conditional order
Section 154 = Opportunity to comply or show cause
Section 156 = Special procedure if public right is denied
Section 157 = Magistrate hears and decides the show-cause objection
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 157 BNSS |
| Subject | Procedure when person appears and shows cause |
| Related provision | Section 152 |
| Nature | Procedural |
| Main purpose | To determine whether the conditional order should be confirmed |
| Who conducts the proceeding? | Magistrate |
| What does the Magistrate consider? | Evidence produced by both sides |
| Possible result | Order may be made absolute, modified, or proceedings may be dropped depending on the statutory findings |
| Related provision | Section 156 |
| Next important provision | Section 158 |
| Corresponding CrPC provision | Section 138 CrPC |
Meaning of Section 157 BNSS
Section 157 applies where the person against whom the Section 152 order has been made appears before the Magistrate and shows cause against the order.
The person is essentially saying:
“I dispute the conditional order and have reasons why I should not be required to comply with it.”
The Magistrate must then consider the objection in accordance with the statutory procedure.
This is different from Section 155.
Under Section 155, the person does not comply with the order and does not appear to show cause.
Under Section 157, the person does appear and contests the order.
Statutory Scheme
Section 157 provides that where the person appears and shows cause against the order, the Magistrate must take evidence in the manner provided by the Sanhita.
The Magistrate then determines whether the conditional order should be confirmed.
The provision also contains an important rule concerning the standard of proof and the consequences depending upon the evidence.
The essential purpose is to give the affected person a genuine opportunity to contest the public-nuisance order before it is made final.
How Section 157 Works
The procedure can be understood in stages.
Step 1 — Section 152 Order
The Magistrate makes a conditional order concerning a public nuisance or other situation falling within Section 152.
Step 2 — Service or Notification
The order is served or notified in accordance with Section 153.
Step 3 — Person Appears
The person against whom the order is made appears before the Magistrate.
Step 4 — Person Shows Cause
The person gives reasons why the conditional order should not be enforced.
Step 5 — Section 156 Check, Where Applicable
If the person denies the existence of a relevant public right, Section 156 must first be considered.
If the denial is supported by reliable evidence, the proceedings are stayed pending determination by a competent Court.
If not, the Magistrate proceeds under Section 157.
Step 6 — Magistrate Takes Evidence
The Magistrate considers the evidence relevant to the objection.
Step 7 — Magistrate Determines the Matter
The Magistrate decides whether the original conditional order should be confirmed.
Purpose of Section 157
The primary purpose of Section 157 is to ensure that a person affected by a Section 152 order is given a meaningful opportunity to challenge it.
The Magistrate does not simply make the conditional order final merely because the order was originally issued.
Once the person appears and shows cause, the objection must be considered according to the prescribed procedure.
Thus, Section 157 reflects the basic principle of:
Opportunity to be heard before the conditional order is made absolute.
Section 157 and Natural Justice
Section 157 is closely connected with procedural fairness.
A Section 152 order can affect a person’s conduct, property use or activities. Therefore, where the person appears and contests the order, the law provides a procedure for examination of the objection and evidence.
The provision ensures that the Magistrate’s decision is not based merely on the initial allegations contained in the Section 152 order.
The person receives an opportunity to place evidence and contest the material relied upon against him.
Evidence Under Section 157
One of the most important features of Section 157 is the role of evidence.
Where the person appears and shows cause, the Magistrate must proceed to determine the objection by considering the evidence placed before the Court.
The procedure is therefore not merely an informal hearing.
The Magistrate must assess the material relevant to the question whether the Section 152 order is justified.
Important Procedural Distinction
Section 157 should not be confused with Section 156.
Section 156
Deals specifically with:
Denial of the existence of a public right.
Where reliable evidence supports the denial, proceedings are stayed pending determination by a competent Court.
Section 157
Deals generally with:
The person appearing and showing cause against the Section 152 order.
Therefore:
Public-right denial → Section 156
General show-cause proceeding → Section 157
Relationship with Section 152 BNSS
Section 152 is the foundation of the proceeding.
It allows the Magistrate to make a conditional order in situations involving public nuisance and other specified circumstances.
Section 157 is the procedure that follows when the person affected by that order appears and contests it.
Easy formula
Section 152 → Make conditional order
Section 157 → Hear the person’s objection to that order
Relationship with Section 154 BNSS
Section 154 gives the person against whom the order is made the opportunity to:
- perform the act directed by the order; or
- appear and show cause.
Section 157 becomes relevant when the person chooses the second option.
Thus:
Section 154 creates the opportunity to show cause.
Section 157 prescribes the procedure after the person actually shows cause.
Relationship with Section 155 BNSS
Section 155 applies when the person fails to comply with Section 154.
Section 157 applies where the person appears and shows cause.
| Section 155 | Section 157 |
|---|---|
| Person does not comply or appear | Person appears |
| No show cause | Show cause is filed/made |
| Penal consequence follows | Magistrate considers the objection |
| Order becomes absolute | Magistrate determines whether order should be confirmed |
This distinction is extremely important for examinations.
Relationship with Section 156 BNSS
Section 156 is a special preliminary procedure.
If the person appears and says:
“There is no public right over this way/channel/place.”
the Magistrate must examine whether reliable evidence supports that denial.
If reliable evidence exists, proceedings are stayed.
If there is no reliable evidence, the Magistrate proceeds under Section 157.
Therefore:
Section 156 → Determine whether public-right denial requires a stay.
Section 157 → Proceed with the show-cause hearing where the matter continues.
Relationship with Section 158 BNSS
Section 158 provides for local investigation and examination of an expert in appropriate cases.
This can become relevant during proceedings under this part of the BNSS when the Magistrate considers that local investigation or expert assistance is necessary.
Section 157 is therefore the principal hearing provision, while Section 158 provides an additional investigative mechanism that may assist the Magistrate in determining the matter.
Practical Example
Example: Obstruction of public road
A Magistrate receives information that X has constructed an obstruction on a road allegedly used by the public.
The Magistrate makes a conditional order under Section 152 directing X to remove the obstruction.
X appears before the Magistrate.
X states:
“The obstruction does not create any public nuisance and the allegations against me are incorrect.”
X produces evidence supporting his position.
The Magistrate must consider the material and follow the procedure under Section 157.
The question is whether the Section 152 order should ultimately be confirmed.
Example Involving a Public-Right Dispute
Suppose X appears and says:
“This is not a public road at all. The public has no right to use it.”
This immediately raises Section 156.
The Magistrate examines whether X has reliable evidence supporting the denial.
If reliable evidence exists:
Proceedings are stayed pending determination of the public right by a competent Court.
If reliable evidence does not exist:
The Magistrate proceeds under Section 157.
This illustrates why Sections 156 and 157 must be read together.
What Does “Show Cause” Mean?
To show cause means to provide reasons why the conditional order should not be enforced or made absolute.
The person may challenge:
- the factual basis of the order;
- the existence or nature of the alleged nuisance;
- the alleged obstruction or danger;
- the applicability of the statutory provision;
- the evidence relied upon by the authorities; or
- other relevant circumstances showing why the order should not continue.
However, where the objection specifically concerns the existence of a public right, Section 156 becomes particularly important.
Can the Magistrate Simply Confirm the Original Order?
The purpose of Section 157 is to require consideration of the person’s objection.
The Magistrate must examine the evidence and determine whether the statutory basis for the order is established.
The initial Section 152 order is therefore not treated as conclusively establishing the nuisance.
The show-cause procedure exists precisely because the affected person has a right to contest the conditional order.
Standard of Proof
A key examination point is that Section 157 involves consideration of evidence in determining whether the Section 152 order should be made absolute.
The Magistrate is exercising preventive jurisdiction rather than conducting an ordinary criminal trial for conviction.
Therefore, the proceeding must be understood in the context of the special public-nuisance procedure rather than as a conventional prosecution.
Why Section 157 Is Important
Section 157 prevents the public-nuisance procedure from becoming purely one-sided.
The sequence is:
Information/allegation
↓
Conditional order under Section 152
↓
Notice/service
↓
Person appears and shows cause
↓
Evidence considered under Section 157
↓
Decision regarding the order
This provides procedural protection to the affected person while also enabling the Magistrate to protect public order.
Section 157 vs Section 155 — Exam Comparison
| Point | Section 155 | Section 157 |
|---|---|---|
| Person’s conduct | Fails to comply or appear | Appears and shows cause |
| Purpose | Deal with non-compliance | Hear and determine objection |
| Evidence | No substantive show-cause hearing | Evidence is considered |
| Consequence | Penalty + order made absolute | Magistrate determines whether order should be confirmed |
| Nature | Consequence of failure | Hearing procedure |
Memory Trick
155 = Doesn’t come.
157 = Comes and contests.
Section 157 vs Section 156 — Exam Comparison
| Point | Section 156 | Section 157 |
|---|---|---|
| Main issue | Public right denied | Show-cause objection |
| Nature | Preliminary special procedure | Main show-cause procedure |
| Evidence | Evidence supporting denial of public right | Evidence relating to the objection/order |
| Possible stay | Yes, where reliable evidence supports denial | Not the principal consequence |
| Next step | Section 157 if denial unsupported | Decision on the Section 152 order |
Memory Trick
156 = Public right dispute.
157 = Show-cause hearing.
Corresponding Provision Under the CrPC
Section 157 BNSS corresponds broadly to Section 138 of the Code of Criminal Procedure, 1973.
The earlier CrPC provision similarly dealt with the procedure where the person against whom the conditional order was made appeared to show cause.
The BNSS carries forward this basic procedural framework within the new statutory structure.
Important Questions for Judiciary Exams
- Explain the procedure under Section 157 BNSS.
- What happens when a person against whom an order under Section 152 is made appears and shows cause?
- Explain the role of evidence under Section 157.
- Distinguish Section 155 from Section 157 BNSS.
- Distinguish Section 156 from Section 157 BNSS.
- What is the relationship between Sections 152, 154 and 157?
- What is the corresponding provision under the CrPC?
- Explain the importance of the opportunity to show cause under the public-nuisance provisions.
- When does Section 156 intervene before Section 157?
- What is the role of Section 158 during the proceedings?
Quick Revision
Section 152
Conditional order
Section 153
Service or notification
Section 154
Obey or show cause
Section 155
Failure to comply → penalty + order absolute
Section 156
Public right denied → reliable evidence?
- Yes → stay
- No → Section 157
Section 157
Person appears and shows cause → Magistrate hears and determines the objection
Section 158
Local investigation / expert examination
One-Line Exam Formula
Section 157 BNSS = Person appears and shows cause against Section 152 order → Magistrate considers the objection and evidence and determines whether the conditional order should be confirmed.
Key Takeaways
| Concept | Principle |
|---|---|
| Section | 157 BNSS |
| Trigger | Person against whom Section 152 order is made appears and shows cause |
| Main function | Hearing and determination of the objection |
| Evidence | Magistrate considers evidence according to the statutory procedure |
| Public-right denial | First dealt with under Section 156 |
| Local investigation/expert | Section 158 |
| Old CrPC | Section 138 |
| Core idea | Appears + shows cause → Magistrate conducts the statutory inquiry |
ALSO READ: Section 156 – Procedure where existence of public right is denied
Conclusion
Section 157 BNSS is the show-cause hearing stage in the public-nuisance procedure. It protects the person affected by a Section 152 conditional order by allowing the person to appear, contest the order and place relevant evidence before the Magistrate.
The most important sequence to remember is:
Section 152 → Conditional order
Section 154 → Opportunity to show cause
Section 156 → Deal with denial of public right
Section 157 → Show-cause procedure and consideration of evidence
Section 158 → Local investigation / expert examination
