Section 145 CrPC and Section 164 BNSS: Procedure for Land Disputes Likely to Cause Breach of Peace
Section 145 of the Code of Criminal Procedure, 1973 provided a preventive procedure where a dispute about land, water or their boundaries threatened public peace. For proceedings governed by the law effective from 1 July 2024, the corresponding provision is Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Purpose and meaning of the provision
Section 164 BNSS, corresponding to former Section 145 CrPC, empowers an Executive Magistrate to intervene when a dispute concerning immovable property is likely to cause a breach of peace within the Magistrate's local jurisdiction. Its purpose is to prevent confrontation and maintain the existing lawful process while parties pursue their civil remedies.
Under Section 164(2), the expression land or water includes buildings, markets, fisheries, crops or other produce of land, and rents or profits arising from such property. A dispute about the boundary of land also falls within the section.
Section 164 BNSS: Subsection-wise procedure
Subsection (1): Preliminary written order
On receiving a police report or other information, the Executive Magistrate must be satisfied that a dispute likely to cause a breach of peace exists. The Magistrate records the grounds in a written order and directs the parties to appear personally or through an advocate on a specified date and submit written statements concerning actual possession.
Subsection (2): Property covered
The provision extends beyond vacant land to buildings, markets, fisheries, crops, other land produce, and rents or profits of the property.
Subsection (3): Service and publication
A copy of the preliminary order must be served as prescribed for summons. At least one copy must also be affixed at a conspicuous place at or near the disputed property.
Subsection (4): Inquiry into actual possession
The Magistrate considers written statements, hears the parties, examines their evidence and may obtain further evidence. The inquiry concerns who was in actual possession on the date of the preliminary order, without deciding the merits of ownership or an ultimate right to possess.
Proviso concerning forcible dispossession: If a party was forcibly and wrongfully dispossessed within the two months immediately preceding receipt of the police report or other information, or after that receipt but before the preliminary order, the Magistrate may treat that party as being in possession on the date of the order.
Subsection (5): Challenge to the existence of the dispute
A party or other interested person may show that no dispute likely to cause a breach of peace exists or existed. If satisfied, the Magistrate must cancel the preliminary order and stay further proceedings under it.
Subsection (6): Declaration and restoration of possession
Where possession is established, including deemed possession under the proviso to subsection (4), the Magistrate may declare the party entitled to remain in possession until evicted in due course of law, prohibit interference, and, where applicable, restore possession to a forcibly and wrongfully dispossessed party. The order must be served and published as required by subsection (3).
Subsection (7): Death of a party
The Magistrate may bring the deceased party's legal representatives on record and continue the inquiry. If representation is disputed, all persons claiming to represent the deceased may be joined.
Subsection (8): Perishable crops or produce
Where crops or produce are liable to speedy natural decay, the Magistrate may order their custody or sale and later determine disposal of the produce or sale proceeds.
Subsection (9): Summoning witnesses and documents
At any stage, the Magistrate may, on a party's application, summon a witness to appear or produce a document or other thing.
Subsection (10): Other preventive powers
Proceedings under Section 164 do not limit the Magistrate's power to act under Section 126 BNSS, corresponding to former Section 107 CrPC, concerning security for keeping the peace in other cases.
Attachment, right of use and local inquiry
| Former CrPC | Current BNSS | Subject |
|---|---|---|
| Section 145 | Section 164 | Dispute concerning land or water likely to cause breach of peace |
| Section 146 | Section 165 | Emergency attachment of disputed property and appointment of receiver in specified circumstances |
| Section 147 | Section 166 | Dispute concerning an alleged right of use of land or water, including easement-type claims |
| Section 148 | Section 167 | Local inquiry and associated costs |
| Section 107 | Section 126 | Security for keeping the peace in other cases |
Under Section 165 BNSS, attachment may be ordered after a preliminary order under Section 164(1) where there is an emergency, no party was in possession, or the Magistrate cannot determine who possessed the property. The section also governs appointment of a receiver, subject to the role of the civil court.
Evidence and remedies for parties
Depending on the facts, useful material may include possession records, tenancy or cultivation documents, tax or utility receipts, photographs, witness testimony, police reports and orders from competent courts. Title deeds may provide context, but title alone does not determine the possession inquiry.
Parties may contest the preliminary order where no qualifying peace-threatening dispute exists, file written statements and evidence on possession, or seek relief from a competent civil court concerning title, injunction, recovery of possession or other substantive rights. The correct procedural remedy depends on the facts and the applicable law.
Maharashtra state amendment under the former CrPC
The original Section 145 CrPC page recorded Maharashtra Act 1 of 1978, Section 2, which amended the former CrPC provision for Maharashtra. It referred to a Metropolitan Magistrate in Greater Bombay and an Executive Magistrate elsewhere, and made corresponding adjustments to former subsection (10), including forwarding information for action under Section 107 CrPC.
This is retained as historical state-amendment information. Its present operation, if any, must be assessed against the BNSS, applicable state adaptation and current notifications; it should not automatically be treated as an amendment to Section 164 BNSS.
Does Section 145 CrPC still apply?
Section 531 BNSS repeals the Code of Criminal Procedure, 1973 but preserves specified proceedings pending immediately before commencement, including certain applications and inquiries, to be continued under the former Code. For new proceedings ordinarily governed by the BNSS, Section 164 is the relevant provision. Transitional questions require examination of the date and procedural status of the individual case.
Frequently asked questions
Can the Executive Magistrate decide who owns the land?
No. The inquiry is directed to actual possession and prevention of a breach of peace; final civil rights are determined by the competent court.
Can possession be restored after forcible dispossession?
Yes, in the circumstances and time window described in the proviso to Section 164(4), the Magistrate may treat the dispossessed party as being in possession and may restore possession under subsection (6).
Can disputed property be attached?
Yes. Section 165 BNSS provides for attachment in specified circumstances, including an emergency after the Section 164(1) order.
What is the difference between Sections 164 and 166 BNSS?
Section 164 addresses disputes about actual possession; Section 166 concerns an alleged right to use land or water, such as a right of way.
Official legal sources
- Bureau of Police Research and Development: Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- Government of India: Section 531 BNSS, repeal and savings
- Official CrPC to BNSS comparative table (PDF)
- India Code: Central legislation database
This article explains the statutory framework for general information and does not replace advice on the facts of an individual dispute.