Introduction to Section 156 BNSS / What If Someone Denies Public Access?
Section 156 BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023, talks about the procedure to be followed when someone denies the existence of a public right, like a road, river, or public space, in cases where a magistrate issues an order to prevent obstruction or nuisance under Section 152. The magistrate must carefully examine if the person truly believes the public has no right over the place in question, and whether any reliable proof supports this denial. If such evidence exists, the matter is paused until a court decides on it. Otherwise, the case continues under the usual legal procedure.
What is BNSS Section 156 ?
BNSS Section 156 talks about the process to follow when a person denies the existence of a public right—such as the public using a road, river, or path—after an order has been issued under Section 152 to remove obstruction, nuisance, or danger. If the person says that the public has no right over the place in question, the Magistrate must first inquire into the claim before continuing with legal action.
BNSS Section of 156 in Simple Points
1. Public Right Dispute Must Be Heard
When someone receives an order under Section 152 and denies the existence of a public right (like access to a public road or river), the magistrate must give that person a fair chance to explain. This ensures that the legal system respects the person’s claim before moving forward. It protects individuals from being wrongly forced to follow orders if they genuinely believe the public has no right over that property.
2. Magistrate’s Duty to Investigate the Denial
If a person denies the existence of a public right, the magistrate is required to conduct a basic inquiry. This step helps verify whether the person has any reliable evidence or valid reasons for the denial. It ensures that the magistrate doesn’t take further action unless there’s clarity about the legal status of the public’s right over that place. This process avoids unnecessary or premature enforcement of legal orders.
3. Case Put on Hold if Denial Seems Valid
If the magistrate finds some reliable evidence supporting the denial of public rights, he cannot proceed further. Instead, he must pause the case until a competent civil court gives a decision on the public right. This prevents injustice by shifting the matter to the appropriate authority — the civil court — which is better suited to settle such ownership or public access disputes.
4. Denial Must Be Genuine and Backed with Evidence
If the person fails to give solid proof to support their denial, the magistrate will continue the proceedings as if there is a public right. It acts as a filter to block false claims of denial. This means a person cannot simply deny public rights without evidence just to avoid legal action. The burden of proof lies on the person denying the public right.
5. No Changing of Stand Later in the Case
Once a person either accepts the public right or fails to prove their denial with strong evidence, they cannot change their statement later in the case. This ensures consistency and avoids delays. It prevents people from changing their stance in future hearings just to manipulate or stall the legal process.
Section 156 of BNSS Overview
BNSS Section 156 ensures that if a person, after receiving an order from the Magistrate to remove an obstruction or danger from a public place (like a road, river, or public area), denies that the place is public, the Magistrate cannot act blindly. Instead, the Magistrate must ask the person clearly whether they deny the public right. If the person does deny, the Magistrate will conduct a brief inquiry. If there is reliable proof that a public right does not exist, then the matter is paused and sent to a civil court for proper decision. But if the person fails to provide evidence, the Magistrate continues the process and assumes that the public right exists.
BNSS Section 156 – 10 Key Points
1. Questioning by Magistrate Is Mandatory
When someone receives an order under Section 152 to stop a public nuisance or obstruction and appears before the magistrate, the first step is questioning. The magistrate must ask if the person denies the existence of a public right — such as access to a road, river, or public path. This ensures that the accused gets a fair chance to explain their side. It’s not automatic punishment; the law gives an opportunity for clarification. This questioning process protects both the public and the individual’s rights. It also helps avoid false assumptions. If the person admits the public has the right, the process moves ahead. If denied, further inquiry is done.
2. Public Right Must Be Clearly Defined
Section 156 focuses on protecting public usage of places like roads, rivers, and common pathways. A public right means that the general public, not just a few individuals, has been using the place openly for a long time. If a person blocks this path or river and denies that it belongs to the public, the court must assess that denial carefully. This provision keeps a balance between individual property rights and the common good. If a public right exists, no one can block access. This section ensures such common spaces remain open to all unless there’s legal proof otherwise.
3. Right to Deny Must Be Supported by Evidence
If the accused denies public access, it’s not enough to just say it — they must provide valid and reliable evidence. This could include documents, ownership papers, or testimonies showing the public has no right. If such proof is provided, the magistrate pauses the case. This helps prevent false or baseless claims. Without proper proof, the process will not be delayed. This clause protects the legal process from unnecessary complications and misuse. The focus remains on truth and fairness, not just verbal denial. Evidence is key.
4. Magistrate’s Duty to Conduct Preliminary Inquiry
Once a denial is made, the magistrate doesn’t assume anything. He must conduct a short inquiry to find out if there is any truth to the denial. This isn’t a full civil trial but a quick fact-check. The inquiry includes reviewing documents or hearing from witnesses. The magistrate’s job is to see if the person has any reliable base for denial. If yes, the matter moves to a civil court. If no, proceedings continue under the next section. This step prevents misuse of legal rights and avoids wasting time in full trials if no real dispute exists.
5. Proceedings Are Put on Hold If Denial Has Merit
If the magistrate finds that the denial is backed by real, reliable evidence, he must stay (pause) the current case. The matter is then transferred to a competent civil court to decide whether a public right actually exists. This rule ensures no one is punished or forced to remove obstruction unfairly. Civil court decisions carry more authority in such matters. The magistrate cannot decide on ownership rights alone; he respects the civil court’s domain. It upholds the legal principle of jurisdiction. Public rights must be proven in the correct legal setting.
6. No Valid Evidence Means Process Moves Forward
If the magistrate doesn’t find any trustworthy evidence supporting the denial, he does not wait. He continues with the legal process under Section 157. This means the original order to remove the obstruction or stop the nuisance can be enforced. It ensures that people can’t delay justice just by denying public rights without proof. This rule protects public interests and keeps the system from being misused. The law acts quickly if someone falsely denies public access. It reflects the principle of fairness and efficiency in justice delivery.
7. Once Denied, Person Cannot Deny Again Without Proof
The law is strict about changing one’s statement. If a person first denies the public right and fails to prove it, he cannot bring up the same denial again later. This avoids unnecessary delays and keeps the case from going in circles. It forces the person to be honest and clear from the start. The court will not accept changing stories or repeated denials just to confuse or delay the proceedings. This legal finality strengthens judicial efficiency. It discourages false defenses and time-wasting tactics.
8. Encourages Truthful Participation in Court
This section creates a fair system where both sides — the public and the accused — can present their stance. By asking for denial and then demanding evidence, it ensures the person tells the truth. It builds trust in the legal process. A person is treated fairly and not punished without being heard. But at the same time, they must prove their claim. This balanced method avoids injustice to anyone and respects individual property claims as well as public convenience.
9. Supports Public Access and Welfare
Section 156 ultimately supports the public’s right to move freely on roads, use rivers, and access common spaces. It discourages people from blocking public paths without legal basis. This protects community interests and avoids conflicts. Public rights are vital in a country like India where shared spaces are heavily used. The law ensures such spaces are not taken away unfairly. If any genuine denial exists, it is tested fairly in court. Otherwise, the obstruction is removed promptly.
10. Clear Link with Section 152 and Section 157
This section is not stand-alone. It works closely with Section 152 (which allows orders for removal of public nuisance) and Section 157 (which lays down further procedure if denial is not accepted). This connected approach keeps the law structured and smooth. It shows how the legal system gives a step-by-step opportunity for justice. A false denial doesn’t stop the process, but a genuine one is respected. This combination keeps public order intact while allowing lawful property rights to be heard.
Examples of BNSS Section 156
Example 1:
A shopkeeper blocks a public footpath to expand his stall. The magistrate issues an order to remove the obstruction under Section 152. The shopkeeper says the footpath is not public property. The magistrate checks his claim. If he has valid land papers proving it’s private, the case is paused until a court verifies the claim. If not, the order to remove the obstruction continues.
Example 2:
A farmer blocks a canal saying it passes through his land and is not for public use. He gets a notice under Section 152. When asked, he denies public right but fails to show any land document. The magistrate finds no reliable proof and continues the case under Section 157 to remove the blockage.
Section 156 of BNSS Short Information
| Key Point Title | Explanation |
|---|---|
| Public Right Dispute Must Be Heard | If someone denies public access, they must be questioned by the magistrate. |
| Magistrate Must Verify the Denial | The magistrate checks if the person has valid proof to deny public rights. |
| Pause the Case if Evidence Exists | If there is valid evidence, case is paused until civil court decides. |
| False Denial Not Accepted | If no proof is given, the magistrate proceeds with legal action. |
| Cannot Change Statement Later | Once denied or accepted, the person can’t change their answer later. |
Why BNSS Section 156 is Needed ?
BNSS Section 156 plays a very important role in protecting both public interest and individual rights. Many times, disputes arise about whether a road, canal, or river is public or private. Without this section, magistrates could wrongly take action without verifying ownership or rights. This section ensures that anyone accused of obstructing a public right gets a chance to deny it and prove their claim. At the same time, it stops people from abusing this chance by demanding proof. If they can’t prove it, the law proceeds without unnecessary delay. This balance is necessary to prevent misuse of legal processes and to ensure public access to roads, rivers, and spaces is protected.
BNSS Section 156 FAQs
BNSS 156
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