Procedure where existence of public right is denied.

What this section does

Where a section 152 order concerns prevention of obstruction or nuisance to public use of a way, river, channel, or place, the Magistrate must first ask the person appearing whether they deny the existence of a public right. If reliable evidence supporting such denial is found, proceedings are stayed until a competent Civil Court decides the question of public right; if no reliable evidence is found, the Magistrate proceeds under section 157. A person who fails to deny the public right, or who denies it but adduces no reliable evidence, cannot raise such denial in subsequent proceedings.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Executive Magistrate · Person against whom order is made

Derived from CrPC s.137.