Section 154 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Person to whom order is addressed to obey or show cause.
The person against whom such order is made shall—
(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio video conferencing.
Section 155 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Penalty for failure to comply with section 154.
If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.
Section 156 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure where existence of public right is denied.
(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),
fail 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.
Section 157 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure where the person against whom order is made under section 152 appears to show cause.
(1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case:
Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.
Section 158 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power of Magistrate to direct local investigation and examination of an expert.
The Magistrate may, for the purposes of an inquiry under section 156 or section 157—
(a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert.
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