Section 136 CrPC: Consequences of his failing to do so

Chapter X

Section 136 CrPC: Consequences of his failing to do so

absolute order, conditional order, default, disobedience of order, executive magistrate, Magisterial Powers, non-compliance, penalty, public nuisance, Section 188 IPC

New Law Update (2024)

Section 147 BNSS

TRIAL COURT

Magistrate

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code (45 of 1860) and the order shall be made absolute.

Important Sub-Sections Explained

Landmark Judgements

Alkali & Chemical Corporation of India Ltd. v. The State of Bihar (1981):

The Patna High Court held that if a person fails to appear or show sufficient cause against a conditional order within the stipulated time, the order passed under Section 133 or 134 CrPC automatically becomes absolute, and subsequent proceedings are to be governed by this definitive order.

Smt. Inderwati v. State of U.P. (1994):

The Allahabad High Court affirmed that Section 136 CrPC gives finality to the conditional order if the recipient does not avail themselves of the opportunity to object or comply. Upon such failure, the conditional order transforms into a definitive direction, non-compliance with which attracts penal consequences under Section 188 of the Indian Penal Code.

Chapter X