Section 156 of BNSS : Section 156: Procedure where existence of public right is denied.

Explanation using Example

Example 1:

Scenario: Blocking a Public Road

Situation: A local shopkeeper, Mr. Sharma, sets up an extended stall on a public road, causing obstruction to the pedestrians and vehicles. The local residents file a complaint, and the Magistrate issues an order under Section 152 to remove the obstruction.

Application of Section 156:

1. Appearance Before Magistrate: Mr. Sharma appears before the Magistrate and denies that the road is a public road.
2. Inquiry by Magistrate: The Magistrate questions Mr. Sharma about his denial and decides to inquire into the matter.
3. Evidence Evaluation: During the inquiry, Mr. Sharma fails to provide any reliable evidence to support his claim that the road is not public.
4. Proceeding with Order: The Magistrate, finding no reliable evidence, proceeds under Section 157 to enforce the removal of the obstruction.

Example 2:

Scenario: Encroachment on a Public Park

Situation: A resident, Mrs. Gupta, builds a small garden and fence that encroaches into a public park area. The local municipality files a complaint, and the Magistrate issues an order under Section 152 to remove the encroachment.

Application of Section 156:

1. Appearance Before Magistrate: Mrs. Gupta appears before the Magistrate and denies that the area she encroached upon is part of the public park.
2. Inquiry by Magistrate: The Magistrate questions Mrs. Gupta about her denial and decides to inquire into the matter.
3. Evidence Evaluation: Mrs. Gupta presents some old documents claiming the land is private, but the documents are not reliable or sufficient.
4. Proceeding with Order: The Magistrate, finding no reliable evidence, proceeds under Section 157 to enforce the removal of the encroachment.

Example 3:

Scenario: Dispute Over a Public Water Channel

Situation: A farmer, Mr. Patel, diverts a public water channel to irrigate his private fields, causing a nuisance to other farmers who rely on the channel. The affected farmers file a complaint, and the Magistrate issues an order under Section 152 to stop the diversion.

Application of Section 156:

1. Appearance Before Magistrate: Mr. Patel appears before the Magistrate and denies that the water channel is public.
2. Inquiry by Magistrate: The Magistrate questions Mr. Patel about his denial and decides to inquire into the matter.
3. Evidence Evaluation: Mr. Patel provides some evidence, such as witness statements and old maps, suggesting the channel is private.
4. Stay of Proceedings: The Magistrate finds the evidence reliable and stays the proceedings until a competent court decides on the matter of the channel's public status.
5. Court Decision: The competent court later rules that the channel is indeed public.
6. Proceeding with Order: The Magistrate, based on the court's decision, proceeds under Section 157 to enforce the cessation of the diversion.

Example 4:

Scenario: Unauthorized Construction on a Public Pathway

Situation: A builder, Mr. Verma, constructs a temporary shed on a public pathway, causing inconvenience to the public. The local authorities file a complaint, and the Magistrate issues an order under Section 152 to remove the shed.

Application of Section 156:

1. Appearance Before Magistrate: Mr. Verma appears before the Magistrate and denies that the pathway is public.
2. Inquiry by Magistrate: The Magistrate questions Mr. Verma about his denial and decides to inquire into the matter.
3. Evidence Evaluation: Mr. Verma fails to provide any reliable evidence to support his claim that the pathway is not public.
4. Proceeding with Order: The Magistrate, finding no reliable evidence, proceeds under Section 157 to enforce the removal of the shed.