Section 147 CrPC - Dispute Concerning Right of Use of Land or Water
Section 147 of the Code of Criminal Procedure, 1973 dealt with disputes concerning an alleged right of user of land or water where the dispute was likely to cause a breach of the peace. The provision empowered the competent Magistrate to conduct a preventive inquiry and, where the right was established for the purpose of the proceeding, protect its exercise against interference.
What was Section 147 CrPC?
Section 147 formed part of Chapter X of the Code of Criminal Procedure, 1973 dealing with maintenance of public order and tranquillity. It provided a preventive procedure for disputes relating to an alleged right to use land or water when the dispute was likely to result in a breach of peace.
The provision was concerned with a right of user, such as an asserted right of way, access, passage, use of water or another claimed easement or similar right. It should be distinguished from a dispute principally concerning actual possession of land or water, which was dealt with under Section 145 CrPC.
Section 147 CrPC - Statutory Provision
Section 147(1) - Initiation of proceedings
Whenever an Executive Magistrate was satisfied, from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace existed regarding any alleged right of user of any land or water within his local jurisdiction, whether the right was claimed as an easement or otherwise, the Magistrate was required to make a written order.
The order had to state the grounds of the Magistrate's satisfaction and require the parties concerned to attend the Court, personally or through a pleader, on the specified date and time and submit written statements of their respective claims.
Explanation: The expression "land or water" had the meaning given to it in Section 145(2) of the Code.
Conditions for Proceedings Under Section 147
The jurisdiction under Section 147 depended upon the existence of a dispute concerning an alleged right of user and the Magistrate being satisfied that the dispute was likely to cause a breach of peace. The provision was therefore preventive in character.
- There had to be a dispute concerning an alleged right of user of land or water.
- The alleged right could be an easement or another right of user.
- The land or water had to fall within the Magistrate's local jurisdiction.
- The dispute had to be likely to cause a breach of the peace.
- The Magistrate's satisfaction could arise from a police report or other information.
- The preliminary order had to be in writing and state the grounds for the Magistrate's satisfaction.
Inquiry by Magistrate Under Section 147(2)
After receiving the written statements, the Magistrate was required to consider them, hear the parties, receive the evidence produced by them and consider its effect. The Magistrate could also take further evidence where considered necessary.
If possible, the Magistrate was then required to decide whether the alleged right existed for the purposes of the preventive proceeding. The provisions of Section 145 CrPC, so far as applicable, governed the inquiry.
Order Prohibiting Interference Under Section 147(3)
Where the Magistrate found that the claimed right existed, Section 147(3) authorised an order prohibiting interference with the exercise of that right.
In an appropriate case, the Magistrate could also direct removal of an obstruction interfering with the exercise of the right.
Requirement of recent exercise of the right
The power was subject to an important statutory limitation. Where the right was exercisable throughout the year, an order protecting it could not be made unless the right had been exercised within the three months immediately preceding receipt of the police report or other information that resulted in commencement of the inquiry.
Where the right was exercisable only during particular seasons or on particular occasions, it had to have been exercised during the last such season or on the last such occasion before receipt of the relevant report or information.
Difference Between Section 145 and Section 147 CrPC
Although Sections 145 and 147 were closely connected preventive provisions, their principal subjects were different. Section 145 dealt with disputes concerning land or water where the question of actual possession was relevant, whereas Section 147 dealt with disputes concerning an alleged right of user of land or water.
For example, a dispute about who was in possession of a particular parcel of land could attract Section 145, while a dispute concerning an alleged right to use a pathway through that land could fall within Section 147, provided the statutory requirement concerning likelihood of breach of peace was satisfied.
Conversion of Proceedings Under Section 147(4)
Section 147(4) recognised that a Magistrate might initially proceed under the wrong provision because the precise nature of a land or water dispute could become clear only after examination of the parties' claims.
Where proceedings commenced under Section 145(1) revealed that the dispute actually concerned an alleged right of user of land or water, the Magistrate could record reasons and continue the proceedings as proceedings under Section 147.
Conversely, where proceedings under Section 147 revealed that the matter should properly be dealt with under Section 145, the Magistrate could record reasons and continue them as proceedings under Section 145(1).
Nature and Purpose of Section 147 Proceedings
Section 147 was essentially a measure for maintaining public peace. Its immediate purpose was to prevent disputes over use of land or water from developing into breaches of peace by providing a summary preventive mechanism before the Magistrate.
The inquiry therefore focused on the requirements of the provision and the immediate dispute concerning exercise of the alleged right. Questions requiring final adjudication of private civil rights could be pursued before the competent civil court in accordance with law.
Local Inquiry Under Section 148 CrPC
Section 148 supplemented Sections 145, 146 and 147. Where a local inquiry was necessary for proceedings under these provisions, the District Magistrate or Sub-divisional Magistrate could depute a subordinate Magistrate to conduct the inquiry and could issue written instructions for that purpose.
Read more about Section 148 CrPC - Local Inquiry.
Maharashtra State Amendment to Section 147 CrPC
In Maharashtra, Section 147(1) was modified by Maharashtra Act 1 of 1978. For the opening words referring to an Executive Magistrate, the State amendment provided, in substance, for a Metropolitan Magistrate in Greater Bombay and an Executive Magistrate elsewhere in the State.
The State amendment should therefore be considered where the relevant proceedings arose within Maharashtra.
Section 147 CrPC Before BNSS - Key Points
- Section 147 dealt with disputes regarding an alleged right of user of land or water.
- The right could be claimed as an easement or otherwise.
- A likelihood of breach of peace was an essential jurisdictional element.
- The Magistrate was required to record the grounds of satisfaction in writing.
- The parties could submit written claims and produce evidence.
- The Magistrate could prohibit interference with an established right of user.
- In a proper case, an obstruction interfering with exercise of the right could be ordered to be removed.
- The statutory requirement concerning recent exercise of the alleged right had to be satisfied.
- Proceedings could be converted between Sections 145 and 147 after reasons were recorded.
- Section 148 provided for a local inquiry where necessary.
Related CrPC Provisions
Section 147 should be read with the surrounding provisions dealing with disputes concerning immovable property and preservation of public peace, particularly Section 145 CrPC, Section 146 CrPC and Section 148 CrPC.