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Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).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.
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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Study: explanations and related material
Now BNSS 157 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p8
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the 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
- 135. Person to whom addressed to obey or show cause
- 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