138
138
Procedure where he appears to show cause
Code of Criminal Procedure, 1973
Chapter X Maintenance of Public Order and Tranquillity
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCourt ProcedureFairnessInfo
🗣️ Simple Explanation
What does this law say?
Section 138 of the CrPC explains what happens when you respond to a Magistrate's order. If you show up and explain why the order is wrong, the Magistrate will listen to evidence.
Why does this law exist?
It ensures fairness. It gives you a chance to defend yourself against an order.
Real-life impact
If a Magistrate orders you to stop a noisy activity, you can appear and present your case. The Magistrate will then decide if the order is fair.
What happens if you break this law?
If the Magistrate finds the order is fair, you must follow it. Failure to comply could lead to penalties, as per Section 136.
💡 Real Life Example
Rahul receives an order to remove a fence. He appears before the Magistrate and presents evidence. The Magistrate decides the order is fair, and Rahul must comply. Priya is ordered to stop a construction. She shows cause, and the Magistrate modifies the order. Amit is ordered to stop a business activity. He shows cause, and the Magistrate cancels the order.
🛡️ KNOW YOUR RIGHTS
- •Respond to the Magistrate's order if you disagree.
- •Gather evidence to support your case.
- •Present your case to the Magistrate.
- •Seek legal advice if needed.
- •Request legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 138 of the CrPC outlines the procedure when you respond to a Magistrate's order. You can appear and present your case. The Magistrate will then consider the evidence and decide if the order is fair. If the order is fair, you must comply.
If the Magistrate finds the order is fair, you must follow it. Failure to comply could lead to penalties, as per Section 136 of the CrPC. This could include a fine or imprisonment.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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