Section 137 CrPC: Procedure Where Existence of Public Right Is Denied
Section 137 of the Code of Criminal Procedure, 1973 prescribed how an Executive Magistrate must respond when a person disputes the existence of a public right over a road, river, channel or other place in public nuisance proceedings. The corresponding provision in the current law is Section 156 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What does Section 137 CrPC provide?
The provision applies where a conditional order was made under Section 133 CrPC to prevent obstruction, nuisance or danger to the public in using a way, river, channel or place. On appearance of the person against whom the order was made, the Magistrate must ask whether that person denies the existence of the relevant public right.
Text and meaning of Section 137 CrPC
Sub-section (1): Inquiry when public right is denied
Where the person denies the existence of a public right, the Magistrate must inquire into that denial before proceeding under Section 138 CrPC. This inquiry is a preliminary safeguard before further consideration of the conditional nuisance order.
Sub-section (2): Reliable evidence and stay
If the Magistrate finds any reliable evidence supporting the denial, the proceedings must be stayed until a competent court decides whether the public right exists. If there is no reliable supporting evidence, the Magistrate proceeds under Section 138 CrPC.
Sub-section (3): Restriction on a later denial
A person who did not deny the public right when questioned, or who denied it but failed to produce reliable evidence, cannot raise that denial again in the subsequent proceedings under this statutory procedure.
Current law: Section 156 BNSS, 2023
Section 156 BNSS retains the three-part procedure of former Section 137 CrPC. Its operative cross-references are updated: the conditional nuisance order is under Section 152 BNSS, and the subsequent show-cause procedure is under Section 157 BNSS.
- Section 156(1): The Magistrate questions the respondent about denial of the public right and conducts an inquiry if the right is denied.
- Section 156(2): Reliable evidence supporting the denial requires a stay pending decision by a competent court; otherwise the Magistrate proceeds under Section 157.
- Section 156(3): A respondent who does not properly raise and support the denial cannot repeat it in later proceedings.
Read the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code PDF) and the official NCRB CrPC-to-BNSS section correspondence table.
What is a public right in this context?
A public right refers to a legally recognised entitlement of the public to use a way, watercourse, channel or place. It is distinct from a claim based solely on an individual's private access or ownership. Whether the right exists depends on the facts and applicable law, including relevant records and evidence.
How does the Magistrate decide whether to proceed?
- Conditional order: The Magistrate makes an order concerning an alleged public nuisance under Section 152 BNSS (formerly Section 133 CrPC).
- Appearance and question: The respondent appears and is specifically asked whether the claimed public right is denied.
- Preliminary inquiry: If denied, the Magistrate assesses whether reliable evidence supports that denial.
- Stay or continuation: Reliable supporting evidence leads to a stay until the competent court decides the right; absent such evidence, the nuisance proceedings continue under Section 157 BNSS.
The preliminary inquiry is not a final adjudication of title or a substitute for the competent court's determination of a genuinely disputed public right. The statute requires reliable evidence supporting the denial, not merely an unsupported assertion.
Evidence that may be relevant
Depending on the dispute, relevant material may include revenue or survey records, government notifications, maps, public-road records, historical documents, court orders and other admissible evidence concerning the nature and use of the place. The evidentiary value of each item depends on the facts and governing law.
Related provisions
Section 134 CrPC concerned service or notification of the conditional order; Section 135 CrPC dealt with compliance or showing cause; and Section 136 CrPC addressed failure to do so. The corresponding BNSS provisions are Sections 153, 154 and 155. See also Section 139 CrPC on local investigation and expert examination (Section 158 BNSS).
Frequently asked questions
Is Section 137 CrPC still in force?
The CrPC was repealed with effect from 1 July 2024. Section 156 BNSS is its corresponding provision, subject to the savings for earlier pending matters under Section 531 BNSS.
Does a mere denial automatically stop the nuisance proceedings?
No. The Magistrate must inquire into the denial. A stay under Section 156(2) BNSS requires reliable evidence supporting it.
Who finally decides a genuine dispute about a public right?
Where reliable evidence supports the denial, the Magistrate stays the proceedings until a competent court determines the existence of the public right.
Updated: 17 October 2026. This article is general legal information; applicability in a particular matter depends on the procedural history and facts.