Central Act

138

Section 138. Procedure where he appears to show cause.

THE CODE OF CRIMINAL PROCEDURE, 1973

Act no. 2 of 19741974Repealed 1 July 2024All India (Central Act)

This Act was repealed on 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), s.531(1); it may still apply to matters that began before then.

138. Procedure where he appears to show cause.—(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 (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.