Section 145 CrPC: Procedure for Dispute Concerning Land or Water Likely to Cause Breach of Peace
Section 145 of the Code of Criminal Procedure, 1973 provided a preventive procedure for an Executive Magistrate where a dispute concerning land, water or its boundaries was likely to cause a breach of peace. The proceeding focused on actual possession and preservation of public peace; it did not finally determine title or ownership.
Historical applicability: This article explains Section 145 CrPC as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. For proceedings governed by the new law, the corresponding provision is Section 164 BNSS.
Meaning and scope of Section 145 CrPC
The jurisdiction arose when an Executive Magistrate was satisfied, from a police report or other information, that a dispute likely to cause a breach of peace existed concerning land, water or boundaries within the Magistrate's local jurisdiction. For this purpose, "land or water" included buildings, markets, fisheries, crops or other produce of land, and rents or profits of such property.
The central issue was which party was in actual possession on the date of the preliminary order. The Magistrate was required to consider possession without deciding the merits of competing claims to a legal right to possess.
Section 145 CrPC explained
Sub-section (1): Preliminary order
If satisfied that the qualifying dispute existed, the Executive Magistrate was to make a written order stating the grounds of satisfaction and require the parties to appear, personally or through a pleader, and submit written statements regarding their respective claims to actual possession.
Sub-sections (2) and (3): Property covered and service
The provision extended to buildings, markets, fisheries, crops, produce, rents and profits. A copy of the preliminary order had to be served as provided for service of summons, and at least one copy had to be affixed at a conspicuous place at or near the disputed property.
Sub-section (4): Inquiry into actual possession
The Magistrate was to consider the written statements, hear the parties and receive evidence, without adjudicating the merits of title, and decide, if possible, who was in possession on the date of the preliminary order. A party forcibly and wrongfully dispossessed within the statutory two-month period could be treated as being in possession.
Sub-section (5): Showing that no such dispute exists
A party or other interested person could show that no dispute of the kind contemplated by the section existed or had existed. If so, the Magistrate was required to cancel the preliminary order and stay further proceedings.
Sub-section (6): Declaration and protection of possession
After finding possession, the Magistrate could declare that party entitled to remain in possession until eviction in due course of law and prohibit disturbance of that possession. Where the proviso to sub-section (4) applied, possession could also be restored to a party forcibly and wrongfully dispossessed.
Sub-sections (7) to (9): Death, perishable produce and witnesses
The section provided for substitution of legal representatives when a party died, custody or sale of crops or produce subject to speedy and natural decay, and summons to witnesses or for production of documents or things.
Sub-section (10): Section 107 preserved
The powers under Section 145 did not derogate from the Magistrate's preventive powers under Section 107 CrPC.
Practical effect of proceedings
Section 145 was a preventive and possession-oriented mechanism. A declaration under sub-section (6) protected the possession found by the Magistrate only until eviction through due process. Questions of title and final civil rights remained for the competent court.
Section 146 CrPC separately dealt with attachment of the subject of dispute and appointment of a receiver in the circumstances specified there. Section 147 dealt with disputes concerning rights of use of land or water, while Section 148 dealt with local inquiry.
Maharashtra State amendment
The original page records the Maharashtra amendment made by Maharashtra Act 1 of 1978. In its application in Maharashtra, sub-section (1) was modified so that in Greater Bombay a Metropolitan Magistrate, and elsewhere in the State an Executive Magistrate, could act under the provision. The State amendment also substituted sub-section (10) to address the relationship between proceedings by a Metropolitan Magistrate and preventive action under Section 107.
Transition to BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Section 164 BNSS now contains the corresponding procedure concerning disputes over land or water likely to cause breach of peace. This page retains the CrPC framework for historical reference and matters to which the repealed Code continues to apply under the applicable saving provisions.