Once a magistrate issues an order under section 152, it automatically becomes permanent.

It only becomes final ('absolute') after the affected person has a chance to object and the magistrate holds a proper hearing under section 157.

The magistrate can take as long as they want to decide.

The law now sets a strict limit — normally 90 days, extendable to 120 days only with written reasons — reflecting BNSS's focus on speedy resolution.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 157

Procedure where person against whom order is made under section 152 appears to show

(1) If the person against whom an order under section 152 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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: Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.§

Why this exists

Section 152 lets a magistrate act fast against public nuisances or emergencies (like blocking a road or unsafe building) before a full hearing. But it would be unfair to make such an order permanent without letting the affected person argue their side. Section 157 (following the old CrPC's section 138) supplies that fairness step — a proper hearing — while also adding a modern feature: strict time limits so these cases don't drag on for years, reflecting the broader BNSS goal of speeding up criminal procedure.

How courts read it

Under the identical predecessor provision (CrPC section 138), courts consistently held that the 'summons-case' evidence procedure must be genuinely followed — the magistrate cannot just accept the original report; both sides must get a real chance to lead evidence. Courts also emphasized that if the magistrate is not satisfied the order was justified, proceedings simply end, and this does not amount to a full acquittal or bar future action if circumstances change. The new 90/120-day time limit is a BNSS-era addition aimed at preventing indefinite pendency, and being new, has not yet been tested extensively by higher courts.

Common misconceptions

Myth: Once a magistrate issues an order under section 152, it automatically becomes permanent.
Fact: It only becomes final ('absolute') after the affected person has a chance to object and the magistrate holds a proper hearing under section 157.
Myth: The magistrate can take as long as they want to decide.
Fact: The law now sets a strict limit — normally 90 days, extendable to 120 days only with written reasons — reflecting BNSS's focus on speedy resolution.