Section 138

Procedure where he appears to show cause.

The Code of Criminal Procedure, 1973

  • Act 2 of 1974
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the law relating to Criminal Procedure.

All sections
    (1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.
    (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
    (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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