(1) If the Magistrate at any time after making the order under sub-section (1) of section 164 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 164, 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 with regard to the person entitled to the possession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate— (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just.
Bharatiya Nagarik Suraksha Sanhita
Section 165
Power to attach subject of dispute and to appoint receiver
⚡ Quick Answer Reference: Section 165 BNSS
- Provision: Section 165 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: If a Magistrate thinks a case is urgent or can't decide who has possession of a disputed property, they can attach the property until a court decides who should have it. The Magistrate can also appoint a receiver to take care of the property. If a court later appoints a receiver, the Magistrate's receiver will hand over the property.
What does Section 165 of BNSS say?
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What does Section 165 of BNSS mean?
Plain English Explanation
If a Magistrate thinks a case is urgent or can't decide who has possession of a disputed property, they can attach the property until a court decides who should have it. The Magistrate can also appoint a receiver to take care of the property. If a court later appoints a receiver, the Magistrate's receiver will hand over the property.
Practical Interpretation
This section gives Magistrates the power to intervene in disputes over property when there's a risk of violence or when they can't determine who has possession. They can attach the property and appoint a receiver to manage it until a court makes a decision.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for Magistrates to temporarily intervene in disputes over property to prevent violence and ensure that the property is managed until a court can make a final decision.
- •The Magistrate must consider the case to be one of emergency or be unable to determine who has possession of the disputed property.
- •The Magistrate must attach the disputed property until a competent court determines the rights of the parties.
- •The Magistrate must consider whether there is still a likelihood of breach of the peace before withdrawing the attachment.
- •The Magistrate may appoint a receiver to manage the property, subject to the control of the Magistrate.
Practical Example of Section 165 BNSS
Rajesh and Priya are in a dispute over a piece of land. The Magistrate decides that the case is urgent and attaches the land to prevent violence. The Magistrate appoints a receiver to manage the land until a court can make a decision. Later, a court appoints a receiver to manage the land, and the Magistrate's receiver hands over the land to the court-appointed receiver.
Frequently Asked Questions about Section 165 BNSS
Q: What is the punishment or consequence under Section 165 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to disputes over property involving private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 165 BNSS
What is Section 165 of BNSS?
Section 165 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to attach subject of dispute and to appoint receiver". In plain terms: If a Magistrate thinks a case is urgent or can't decide who has possession of a disputed property, they can attach the property until a court decides who should have it. The Magistrate can also appoint a receiver to take care of the property. If a court later appoints a receiver, the Magistrate's receiver will hand over the property.
What is the punishment under Section 165 of BNSS?
Section 165 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 165 of BNSS bailable or non-bailable?
Whether Section 165 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 165 of BNSS?
The essential elements of Section 165 of BNSS are: The Magistrate must consider the case to be one of emergency or be unable to determine who has possession of the disputed property.; The Magistrate must attach the disputed property until a competent court determines the rights of the parties.; The Magistrate must consider whether there is still a likelihood of breach of the peace before withdrawing the attachment..
Landmark Judgments under Section 165 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 165
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