CrPC § 138 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024
Section 138 CrPC — Procedure where he appears to show cause
Replaced from 1 July 2024 by BNSS 157 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.
The law now: BNSS 157 — Procedure where person against whom order is made under section 152 appears to show-cause
(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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 157 in full