CrPC Forms 25, 26 and 27: Possession, Attachment and Rights over Land or Water
Forms 25, 26 and 27 formed part of the Second Schedule to the Code of Criminal Procedure, 1973 (CrPC). They provided prescribed formats for preventive proceedings concerning disputes over possession of land or water and disputes regarding rights of use. This page explains the law as applicable under the CrPC before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Sections 145, 146 and 147 of the CrPC
Section 145 - dispute concerning land or water likely to cause breach of peace: This provision empowered an Executive Magistrate, upon being satisfied from the prescribed material that such a dispute existed within local jurisdiction, to initiate proceedings focused on actual possession. The proceeding did not finally decide title to the property.
Section 146 - attachment and receiver: Section 146 dealt with attachment of the subject of dispute in circumstances specified by law, including an emergency or where the Magistrate could not determine which party was in possession. Form 26 supplied the prescribed warrant of attachment.
Section 147 - dispute concerning right of use of land or water: This provision addressed disputes likely to cause breach of peace concerning an alleged right of use of land or water. Form 27 supplied the prescribed prohibitory order where the statutory requirements were satisfied.
Form No. 25 - Magistrate's Order Declaring Party Entitled to Retain Possession
See Section 145
It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between __________ (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain __________ (state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said __________ (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said __________ (name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said __________ (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.
Dated, this __________ day of __________, 20 __________
(Seal of the Court)
(Signature)
Form No. 26 - Warrant of Attachment in a Dispute as to Possession of Land
See Section 146
To the Officer in charge of the Police Station at __________
(or, To the Collector of __________)
WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between __________ (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain __________ (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said __________ (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said __________ (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid);
This is to authorise and require you to attach the said __________ (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this __________ day of __________, 20 __________
(Seal of the Court)
(Signature)
Form No. 27 - Magistrate's Order Prohibiting the Doing of Anything on Land or Water
See Section 147
A DISPUTE having arisen concerning the right of use of __________ (state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by __________ (describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed");
I do order that the said __________ (the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession.
Dated, this __________ day of __________, 20 __________
(Seal of the Court)
(Signature)
Practical Scope of These CrPC Forms
These forms concerned preventive jurisdiction intended to preserve public peace while possession or use was disputed. Form 25 recorded a determination of actual possession for the limited purpose of Section 145; Form 26 implemented attachment under Section 146; and Form 27 dealt with a qualifying right-of-use dispute under Section 147. A declaration under these proceedings did not substitute for a final adjudication of proprietary title by the competent civil court.