Section 156 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 156 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure when an individual denies the existence of a public right concerning a way, river, channel, or place after an order has been made under Section 152 to prevent obstruction, nuisance, or danger to the public.
📜 Text of Section 156
Questioning by Magistrate:
When a person appears before the Magistrate after an order under Section 152 has been made, the Magistrate shall inquire whether the person denies the existence of any public right in respect of the way, river, channel, or place.
Inquiry into Denial:
If the person denies the existence of the public right, the Magistrate shall conduct an inquiry before proceeding under Section 157.
Proceedings Based on Evidence:
If the Magistrate finds reliable evidence supporting the denial, the proceedings shall be stayed until the matter is decided by a competent court.
If no such evidence is found, the Magistrate shall proceed as per Section 157.
Preclusion from Subsequent Denial:
A person who fails to deny the existence of a public right when questioned, or who denies it but fails to provide reliable evidence, shall be precluded from making such a denial in subsequent proceedings.
⚖️ Legal Implications
Ensuring Public Access: This provision ensures that public rights to use ways, rivers, channels, or places are upheld, preventing individuals from arbitrarily denying such rights.
Judicial Oversight: The Magistrate is required to conduct an inquiry into any denial, ensuring that decisions are based on reliable evidence and not on unsubstantiated claims.
Finality of Proceedings: By precluding individuals from denying public rights in subsequent proceedings if they fail to do so initially or fail to provide evidence, the law seeks to prevent delays and ensure the finality of decisions.
📌 Example Scenario
Scenario: A local resident, Mr. Yadav, constructs a fence across a public footpath, obstructing pedestrian movement.
Application of Section 156:
The local authorities issue an order under Section 152 for the removal of the obstruction.
Mr. Yadav appears before the Magistrate and denies that the footpath is a public way.
The Magistrate conducts an inquiry to determine the existence of the public right.
If Mr. Yadav fails to provide reliable evidence supporting his denial, the Magistrate will proceed with the removal order as per Section 157.
If Mr. Yadav had not denied the public right initially, he would be precluded from doing so in subsequent proceedings.
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