peace.—(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 sub- section (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.
Bharatiya Nagarik Suraksha Sanhita
Section 164
Procedure where dispute concerning land or water is likely to cause breach of
⚡ Quick Answer Reference: Section 164 BNSS
- Provision: Section 164 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: This section helps resolve disputes over land or water that could lead to a breach of peace. An Executive Magistrate can order parties to attend court and provide written statements. The Magistrate will then decide who was in possession of the land or water at the time of the order.
What does Section 164 of BNSS say?
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What does Section 164 of BNSS mean?
Plain English Explanation
This section helps resolve disputes over land or water that could lead to a breach of peace. An Executive Magistrate can order parties to attend court and provide written statements. The Magistrate will then decide who was in possession of the land or water at the time of the order.
Practical Interpretation
In practice, this section is used to prevent disputes over land or water from escalating into violence. The Magistrate will hear both sides and decide who has the right to possession. If someone has been forcibly removed from their land, the Magistrate can order their return.
Core Legal Purpose
The core purpose of this section is to maintain peace and order by resolving disputes over land or water in a fair and timely manner.
- •A dispute likely to cause a breach of peace exists concerning land or water.
- •The Executive Magistrate must be satisfied that a dispute exists based on a police report or other information.
- •The Magistrate must require the parties to attend court and provide written statements.
- •The Magistrate must decide who was in possession of the land or water at the time of the order.
Practical Example of Section 164 BNSS
Rajesh and Priya are neighbors who have been disputing over a piece of land for months. The dispute is getting heated, and the local police report it to the Executive Magistrate. The Magistrate orders Rajesh and Priya to attend court and provide written statements. After hearing both sides, the Magistrate decides that Rajesh was in possession of the land at the time of the order. The Magistrate issues an order declaring Rajesh entitled to possession until evicted in due course of law.
Frequently Asked Questions about Section 164 BNSS
Q: What is the punishment or consequence under Section 164 of BNSS?
There is no punishment or consequence under Section 164 of BNSS. This section is a procedural provision that helps resolve disputes over land or water in a fair and timely manner.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The Executive Magistrate can order any party involved in a dispute over land or water to attend court and provide written statements.
Q: Is an offence under this section bailable or cognizable?
This section is a civil procedural provision and does not involve any criminal offense. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 164 BNSS
What is Section 164 of BNSS?
Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where dispute concerning land or water is likely to cause breach of". In plain terms: This section helps resolve disputes over land or water that could lead to a breach of peace. An Executive Magistrate can order parties to attend court and provide written statements. The Magistrate will then decide who was in possession of the land or water at the time of the order.
What is the punishment under Section 164 of BNSS?
Section 164 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 164 of BNSS bailable or non-bailable?
Whether Section 164 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 164 of BNSS?
The essential elements of Section 164 of BNSS are: A dispute likely to cause a breach of peace exists concerning land or water.; The Executive Magistrate must be satisfied that a dispute exists based on a police report or other information.; The Magistrate must require the parties to attend court and provide written statements..
Landmark Judgments under Section 164 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 164
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