Procedure.
What this section does
Proceedings under section 144 may be initiated in any district where the respondent is, where he or his wife resides, where he last resided with his wife or the mother of the illegitimate child, or where his father or mother resides. Evidence must be recorded in the presence of the respondent or his advocate in the manner prescribed for summons-cases. If the respondent wilfully avoids service or neglects to attend, the Magistrate may proceed ex parte, and any ex parte order may be set aside within three months on good cause shown.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Respondent · Advocate
- Time limit
- Application to set aside ex parte order must be made within three months from the date of the order
Derived from CrPC s.126.
Read the official text
For the binding statutory text of BNSS Section 145, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 145 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.