CrPC Section 138: Procedure where he appears to show cause
Code of Criminal Procedure, 1973 · Chapter 10: Maintenance of public order and traquillity
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
138. Procedure where he appears to show cause.- (1) If the person against whom an order under section 133 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 129. Dispersal of assembly by use of civil force
- 130. Use of armed forces to disperse assembly
- 131. Power of certain armed force officers to disperse assembly
- 132. Protection against prosecution for acts done under preceding sections
- 133. Conditional order for removal of nuisance
- 134. Service or notification of order
- 136. Consequences of his failing to do so
- 137. Procedure where existence of public right is denied
- 139. Power of Magistrate to furnish written instructions, etc
- 140. Power of the appropriate Government to make rules
- 141. Procedure on order being made absolute and consequences of disobedience
- 142. Injunction pending inquiry
- 143. Magistrate may prohibit repetition or continuance of public nuisance
- 144. Power to issue order in urgent cases of nuisance or apprehended danger
- 144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms
- 145. Procedure where dispute concerning land or water is likely to cause breach of peace
- 146. Power to attach subject of dispute and to appoint receiver
- 147. Dispute concerning right of use of land or water
- 148. Local inquiry