Section 156 BNSS: Procedure where existence of public right is denied
Section 156 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special procedure where a conditional order under Section 152 concerns obstruction, nuisance or danger affecting public use of a way, river, channel or place, and the person against whom the order is made denies that any public right exists over it.
Section 156 BNSS - statutory text
156. (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), failed 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.
What Section 156 BNSS means
Section 156 separates a dispute about the existence of a public right from the ordinary inquiry into whether a conditional nuisance order should be made absolute. If the affected person denies the public right and produces reliable evidence supporting that denial, the Magistrate must pause the nuisance proceedings so that the competent Court can decide whether the asserted public right actually exists.
| Stage | Question before the Magistrate | Consequence |
|---|---|---|
| Appearance after Section 152 order | Does the person deny the existence of a public right over the way, river, channel or place? | If yes, the Magistrate must inquire into that denial before proceeding under Section 157. |
| Reliable evidence supports denial | Is there reliable evidence supporting the claimed absence of a public right? | The Magistrate must stay the proceedings until a competent Court decides the existence of the right. |
| No reliable evidence | Is the denial unsupported by reliable evidence? | The Magistrate proceeds under Section 157. |
| No timely denial | Did the person fail to deny the public right when questioned? | The person cannot raise that denial later in the subsequent proceedings. |
When Section 156 applies
Section 156 does not apply to every conditional order under Section 152 BNSS. Its wording specifically addresses an order intended to prevent obstruction, nuisance or danger to the public in the use of a way, river, channel or place.
Meaning of denial of a public right
A denial under Section 156 concerns the existence of a public right in respect of the particular way, river, channel or place. The issue is therefore not merely whether the person disagrees with the Magistrate's order, but whether the public has the legal right whose use is said to be obstructed, endangered or subjected to nuisance.
Requirement of reliable evidence
A bare denial is not enough to obtain a stay. Under sub-section (2), the Magistrate must find that there is reliable evidence supporting the denial. If such evidence exists, the statutory consequence is a stay of the proceedings until the competent Court determines the existence of the public right.
Role of the competent Court
Section 156 preserves the distinction between the summary preventive jurisdiction of the Magistrate and a substantive adjudication of the disputed public right. Once reliable evidence supports the denial, the Magistrate does not finally decide that right under Section 156. The proceedings are stayed until the matter is determined by a competent Court.
Effect of failing to deny the public right
Sub-section (3) creates an important procedural bar. If a person, when questioned under sub-section (1), does not deny the existence of the public right, that person cannot later raise such a denial in the subsequent proceedings. The same restriction applies where a denial is made but no reliable supporting evidence is produced.
Relationship with Sections 152 and 157 BNSS
The procedure begins with a conditional order under Section 152 BNSS. After service or notification under Section 153 BNSS, the person may comply or show cause under Section 154 BNSS. Where the person appears and the existence of a public right is disputed, Section 156 is applied before the Magistrate proceeds under Section 157 BNSS.
Practical points under Section 156
- The denial should be raised when the Magistrate questions the person about the existence of the public right.
- The denial must relate to the public right over the relevant way, river, channel or place.
- Reliable evidence supporting the denial is necessary for the statutory stay.
- If reliable evidence exists, the question of the right is left for determination by a competent Court.
- If reliable evidence is absent, proceedings continue under Section 157.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through the Ministry of Home Affairs and India Code. The Gazette of India records the BNSS as Act No. 46 of 2023, assented to on 25 December 2023.
This page provides general legal information. In an actual proceeding, the complete statutory text, the conditional order, evidence concerning the claimed public right, applicable State rules, and relevant judicial decisions should be examined.