(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.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) Where an order is made under section 152 for the purpose of preventingobstruction, 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 orderwas made, question him as to whether he denies the existence of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1529","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n