Section 165 BNSS: Power to attach subject of dispute and to appoint receiver
Section 165 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a protective mechanism after proceedings have begun under Section 164. In specified situations, the Magistrate may attach the disputed property and, where appropriate, appoint a receiver until a competent court determines who is entitled to possession.
Section 165 BNSS - statutory text
165. (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:
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.
What Section 165 BNSS means
Section 165 supplements the preventive possession procedure under Section 164 BNSS. It allows temporary attachment of the subject of dispute where the Magistrate cannot safely maintain the position through an ordinary possession declaration.
| Issue | Section 165 rule |
|---|---|
| Precondition | An order under Section 164(1) must already have been made |
| Emergency | Attachment may be ordered if the Magistrate considers the case to be one of emergency |
| No party in possession | Attachment may be ordered if none of the parties was in possession as contemplated by Section 164 |
| Possession uncertain | Attachment may be ordered if the Magistrate cannot determine which party was in possession |
| Duration | Attachment may continue until a competent court determines who is entitled to possession, unless withdrawn earlier |
| Receiver | Magistrate may appoint a receiver if no Civil Court receiver already exists |
When can the Magistrate attach the disputed property?
Section 165(1) identifies three situations in which attachment may be ordered after the preliminary order under Section 164(1):
- The case is one of emergency.
- The Magistrate decides that none of the parties was in the relevant possession contemplated by Section 164.
- The Magistrate is unable to satisfy himself as to which party was in possession of the subject of dispute.
Attachment is therefore not automatic. It depends on one of the statutory circumstances arising after the Section 164 proceeding has commenced.
Purpose and duration of attachment
The attachment is temporary and preventive. It preserves the subject of dispute while preventing further disturbance until a competent court determines the rights of the parties concerning the person entitled to possession.
The Magistrate may withdraw the attachment before that stage if satisfied that there is no longer any likelihood of breach of the peace concerning the property.
Appointment of receiver by the Magistrate
Once the property is attached, the Magistrate may make suitable arrangements for looking after it. If no receiver has already been appointed by a Civil Court, the Magistrate may appoint a receiver.
A receiver appointed under Section 165 has, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908.
What is a receiver?
A receiver is a neutral person appointed to take custody, manage or preserve property that is the subject of a dispute. The receiver does not acquire ownership of the property. The function is protective and administrative, subject to the authority that appointed the receiver.
Under Section 165 BNSS, the Magistrate-appointed receiver operates under the Magistrate's control and only so long as the statutory arrangement remains necessary and no Civil Court receiver supersedes it.
Priority of a Civil Court receiver
Section 165 expressly gives effect to a later Civil Court appointment. If a Civil Court subsequently appoints a receiver for the same subject of dispute, the Magistrate must direct his receiver to hand over possession to the Civil Court receiver and must then discharge the receiver appointed under BNSS.
The Magistrate may also pass incidental or consequential orders that are just to give effect to the transition.
Relationship with Section 164 BNSS
Section 164 addresses disputes concerning land or water that are likely to cause a breach of peace and ordinarily requires an inquiry into actual possession. Section 165 becomes relevant after the Section 164(1) order where emergency exists, no party was in possession, or the Magistrate cannot determine which party was in possession.
In that sense, Section 165 is a protective follow-on provision rather than an independent procedure for deciding possession.
Relationship with Civil Court jurisdiction
Section 165 does not finally determine title or permanent possession rights. The attachment is expressly linked to determination by a competent court of the rights of the parties concerning possession.
The statutory requirement to hand over the property to a receiver later appointed by a Civil Court further demonstrates that the Magistrate's arrangement is temporary and preventive.
Practical points under Section 165
- A preliminary order under Section 164(1) is a statutory precondition.
- Attachment must be based on one of the circumstances specified in Section 165(1).
- The Magistrate may withdraw attachment when the likelihood of breach of peace has ended.
- A Magistrate-appointed receiver is available only where no Civil Court receiver has already been appointed.
- The receiver's powers are subject to the Magistrate's control and are aligned with the powers of a CPC receiver.
- If a Civil Court later appoints a receiver, possession must be transferred to that receiver.
- The Magistrate's attachment does not decide ownership or final civil rights.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. These official sources should be preferred for the current statutory text and commencement information.
This page provides general legal information. In an actual proceeding, the Section 164 preliminary order, grounds for emergency or uncertainty of possession, attachment order, receiver appointment, any Civil Court proceedings and relevant judicial decisions should be examined.