CRPCSection 145-148Verified

Disputes as to Immovable Property; Power to Attach Property; Local Inquiry

Summary proceedings to prevent breach of peace over land disputes; property attachment

Legal Commentary

Section 145(1): Whenever an Executive Magistrate is satisfied from a police report or 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 pleader. Section 146: If the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto.

Explanation

Sections 145–148 complete the land dispute preventive framework. Section 145 (discussed above) is the summary possession determination provision. Section 146 is the attachment power — where the magistrate cannot determine who was in possession, or in cases of emergency, the disputed property is attached (placed in the custody of the court) until a civil court determines rights. The attachment prevents either party from dispossessing the other during the lengthy civil proceedings. A receiver may be appointed to manage the property during attachment. Section 148 enables local inquiries — the magistrate can depute a person to conduct an on-site inquiry into disputed boundaries, dangerous structures, or any matter requiring local investigation.

Related Topics

CrPC Section 145CrPC Section 146land dispute magistrate Indiaproperty attachment dispute India CrPCreceiver dispute property IndiaCrPC 145 possession disputemagistrate land dispute Indiabreach of peace land India

Quick Actions

COMPARE WITH BNS

Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections