Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 156: 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), failed 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.
Brefe Detail
Section 156 outlines the procedure for handling cases where a person denies the existence of a public right regarding a way, river, channel, or place after an order has been made under Section 152. It specifies how the Magistrate should question the person and proceed based on the evidence presented.
Question & Answers
What is the purpose of Section 156?
Section 156 is designed to address situations where a public right to use a way, river, channel, or place is denied by an individual.
What does the Magistrate do if the person denies the public right?
If the person denies the existence of a public right, the Magistrate must inquire into the matter before proceeding under Section 157.
What happens if the Magistrate finds reliable evidence supporting the denial?
If reliable evidence is found, the Magistrate will stay the proceedings until a competent Court decides the matter.
Can a person who denied the public right later change their stance?
No, if a person fails to deny the existence of a public right during questioning or does not provide reliable evidence, they cannot make that denial in subsequent proceedings.
Example
- Scenario 1: A person is questioned by the Magistrate and denies the public's right to access a river. The Magistrate finds no evidence supporting this denial and continues the proceedings under Section 157.
- Scenario 2: A person denies the public right but presents reliable evidence to support their claim. The Magistrate stays the proceedings until a competent Court resolves the issue.
Summary
Section 156 establishes a clear procedure for dealing with disputes regarding public rights in the use of common resources. It ensures that a thorough inquiry is conducted before any further legal actions are taken, thus protecting public interests while respecting individual claims.
