Section 164 of The Bharatiya Nagarik Suraksha Sanhita, 2023
- (1)Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on aspecified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
- (2)For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
- (3)A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
- (4)The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).
- (5)Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.
- (6)(a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed;
- (b)the order made under this sub-section shall be served and published in the manner laid down in subsection (3).
- (7)When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.
- (8)If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
- (9)The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.
- (10)Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126.
Summary
- An Executive Magistrate can intervene if a dispute over land or water threatens public peace.
- The Magistrate must issue a written order requiring involved parties to submit statements regarding actual possession.
- The order must be served to the parties and publicly displayed near the disputed property.
- The Magistrate decides who was in possession at the time of the order, regardless of who has the legal right to the property.
- Parties forcibly dispossessed within two months of the report may be treated as being in possession.
Practical examples
FAQ
1. What types of property are covered under this section?
The term 'land or water' includes buildings, markets, fisheries, crops, other produce of land, and the rents or profits of such property.
2. Does the Magistrate decide who has the legal right to own the property?
No, the Magistrate decides only who was in actual possession of the property at the time of the order, without reference to the merits of the claims to a right to possess.
3. What happens if a party was forcibly removed from the property?
If a party was forcibly and wrongfully dispossessed within two months before the report was received, the Magistrate may treat them as if they were in possession on the date of the order.
4. Can a party challenge the existence of the dispute?
Yes, any party required to attend or any interested person may show that no such dispute exists or has existed.
Test yourself
Q1.Under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum time limit before the police report or information is received during which a party must have been forcibly and wrongfully dispossessed for the Magistrate to treat them as if they were in possession on the date of the order?
Q2.Under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is included in the definition of land or water for disputes likely to cause a breach of peace?
Q3.Under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when an Executive Magistrate is satisfied that a land dispute likely to cause a breach of peace exists, what first step must the Magistrate take?
Q4.Under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if a party to a land dispute proceeding dies, what action can the Magistrate take to continue the inquiry?