Sec 133 to sec 144 cr.p.c Of great use for PGDEL course of NLS law university Bangalore

1. Sec. 133: Removal of Nuisance
On receiving report of a Police officer or
other information (taking evidence)
• If immediate steps are not taken irreparable
injury will be done.
• To act in the interest of public.
• Not a Private Dispute.
• Conditional Order to be passed.
• Final Order u/s. 411.

2. Sec. 135: Person against whom order u/s.
133 is made shall:
a) perform within the time and in the
manner specified,
b) appear and show cause.
Sec. 136: If the person does not act or
appear and show cause he shall be
liable to penalty prescribed in S.188 IPC.
Sec. 137: (1) Enquiry if the person denies,
(2) If reliable evidence is found
in support of denial, the Magistrate shall
stay the proceedings until a Civil Court
decides.

3. Sec. 138: (1) When the person
appears and shows cause, evidence
shall be taken.
(2) If the Magistrate is
satisfied that the order passed is
reasonable and proper, the Order shall
be made absolute with or without
modification.
(3) If Magistrate is not
satisfied, further proceedings shall take
place.

4. Sec. 139: Magistrate may direct….
Sec. 141: (1) Notice to the person to
obey the order within specified time
[prior to passing order u/s. 136],
(2) Attachment and sale
when not obeyed.
Sec. 143: Order not to repeat or
continue public nuisance.

5. Urgent Cases of Nuisance
(S. 144)
• (1) Magistrate may direct a person to
abstain from certain act or to take certain
order for prevention of disturbance of
public tranquility,
• (2) Order may be passed ex parte in case
of emergency,
• (4) Order shall not remain in force for
more than 2 months,
• (7) To appear and show cause,
• Order is revisable by High Court/ Sessions Court u/s. 397 CrPC.

6. Elements in the Order u/s. 144 CrPC.
• Material facts.
• Factors necessary for action u/s. 144 CrPC.
• Grounds of satisfaction that its emergency.
• Thing which is prohibited.
• Persons who are prohibited.
• Place covered.
• Period of time covered.