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...

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