CrPC 145→BNSS 164

CrPC 145 to BNSS 164: Procedure where dispute concerning land or water is likely to cause breach of peace

Section 145 CrPC (1973) replaced by Section 164 BNSS (2023)

View CrPC Section 145 →View BNSS Section 164 →

CrPC 145 to BNSS 164 at a Glance

Section 145 CrPC (Procedure where dispute concerning land or water is likely to cause breach of peace) is now Section 164 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 145 to BNSS 164?

Section 145 of the Code of Criminal Procedure, 1973 became Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with no new or merged sub-sections. Section 164(1) BNSS replaces pleader with an advocate. The other changes are of form. Section 164(3) BNSS replaces Code with Sanhita and a summons with summons. Section 164(4) BNSS drops the word then. Section 164(6)(a) BNSS expands the said subject to the said subject of dispute and ends with a semicolon before Section 164(6)(b) BNSS. Section 164(10) BNSS updates the cross-reference from Section 107 CrPC to Section 126 BNSS. All other rules are unchanged.

CrPC 145 vs BNSS 164: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section145164
HeadingProcedure where dispute concerning land or water is likely to cause breach of peaceSame
Sub-sections10 sub-sectionsSame
Cross-referencess.107s.126

CrPC 145 and BNSS 164: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 145, CrPC 1973

145. Procedure where dispute concerning land or water is likely to cause breach of peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed. (b) The order made under this sub-section shall be served and published in the manner laid down in sub-section (3). (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 107.
BNSS 2023 (in force)

Section 164, BNSS 2023

164. Procedure where dispute concerning land or water is likely to cause breach of peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed; (b) the order made under this sub-section shall be served and published in the manner laid down in sub-section (3). (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126.

When It Applies: CrPC 145 vs BNSS 164

Under CrPC 145
  1. An Executive Magistrate shall make a written order stating the grounds of satisfaction under Section 145(1) of the Code of Criminal Procedure, 1973 whenever satisfied from a police officer's report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or its boundaries within local jurisdiction, requiring the concerned parties to attend Court in person or by pleader and put in written statements of their claims regarding actual possession.
  2. The Magistrate shall peruse the written statements put in, hear the parties, receive all evidence they produce, take any further evidence considered necessary, and if possible decide which party was in possession on the date of the order under Section 145(1) CrPC without referring to the merits or claims of any party to a right to possess the subject of dispute.
  3. Any party required to attend or any other interested person may show under Section 145(5) CrPC that no such dispute exists or has existed, in which case the Magistrate shall cancel the initial order and stay all further proceedings, though subject to such cancellation the order under Section 145(1) CrPC shall be final.
  4. If the Magistrate decides under Section 145(6)(a) CrPC that one of the parties was in possession, or should under the proviso to Section 145(4) CrPC be treated as being in possession, the Magistrate shall issue an order declaring that party entitled to possession and forbidding all disturbance, and may restore possession to a party forcibly and wrongfully dispossessed.
  5. During proceedings under Section 145 CrPC, the Magistrate may make the legal representative or all persons claiming to be representatives of a deceased party parties to the inquiry under Section 145(7) CrPC, may order proper custody or sale and disposal of crops or produce subject to speedy and natural decay under Section 145(8) CrPC, may summon witnesses or documents on either party's application under Section 145(9) CrPC, and retains powers to proceed under Section 107 CrPC as saved by Section 145(10) CrPC.
Under BNSS 164
  1. Whenever an Executive Magistrate is satisfied from a police officer's report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or its boundaries within local jurisdiction, the Magistrate shall make a written order under Section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 stating the grounds of satisfaction and requiring the concerned parties to attend Court in person or by an advocate and put in written statements of their claims regarding actual possession.
  2. The Magistrate shall peruse the written statements put in, hear the parties, receive all evidence produced by them, take any further evidence considered necessary, and if possible decide under Section 164(4) BNSS whether any and which of the parties was in possession of the subject of dispute on the date of the order under Section 164(1) BNSS, without reference to the merits or claims of any party to a right to possess.
  3. Any party required to attend or any other person interested may show under Section 164(5) BNSS that no such dispute exists or has existed, and in that case the Magistrate shall cancel the initial order and stay all further proceedings, though subject to such cancellation the order under Section 164(1) BNSS shall be final.
  4. If the Magistrate decides under Section 164(6)(a) BNSS that one of the parties was in possession, or should under the proviso to Section 164(4) BNSS be treated as being in possession, of the subject of dispute, the Magistrate shall issue an order declaring that party entitled to possession and forbidding all disturbance, and may restore to possession a party forcibly and wrongfully dispossessed.
  5. During proceedings under Section 164 BNSS, the Magistrate may implead the legal representative or all persons claiming to be representatives of a deceased party under Section 164(7) BNSS, may order proper custody or sale and disposal of crops or produce subject to speedy and natural decay under Section 164(8) BNSS, may summon any witness to attend or produce a document or thing on either party's application under Section 164(9) BNSS, and retains powers to proceed under Section 126 BNSS as stated in Section 164(10) BNSS.

Time Limits: CrPC 145 to BNSS 164

Under CrPC 145
  • The initial written order made under Section 145(1) of the Code of Criminal Procedure, 1973 sets a specified date and time on which the parties concerned in the dispute must attend the Executive Magistrate's Court in person or by pleader and put in written statements of their claims as respects the fact of actual possession.Act text: “to attend his Court in person or by pleader, on a specified date and time”
  • Under the proviso to Section 145(4) CrPC, the period within which a forcible and wrongful dispossession must have occurred for the Magistrate to treat the dispossessed party as having been in possession on the initial order date is within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of the order under Section 145(1) CrPC.Act text: “forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received”
  • An order issued under Section 145(6)(a) CrPC declaring a party entitled to possession of the subject of dispute and forbidding all disturbance of such possession remains in force until that party is evicted therefrom in due course of law.Act text: “entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction”
Under BNSS 164
  • An initial written order under Section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets a specified date and time on which the parties concerned in the dispute must attend the Executive Magistrate's Court in person or by an advocate and put in written statements of their claims as respects the fact of actual possession.Act text: “to attend his Court in person or by an advocate on a specified date and time”
  • Under the proviso to Section 164(4) BNSS, the period within which a forcible and wrongful dispossession must have occurred for the Magistrate to treat the dispossessed party as having been in possession on the initial order date is within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of the order under Section 164(1) BNSS.Act text: “forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received”
  • An order issued under Section 164(6)(a) BNSS declaring a party entitled to possession of the subject of dispute and forbidding all disturbance of such possession remains operative until that party is evicted therefrom in due course of law.Act text: “entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction”

What CrPC 145 to BNSS 164 Means in Practice

Apart from the change from pleader to an advocate in Section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the changes from Section 145 of the Code of Criminal Procedure, 1973 are of form, and the procedure in land or water possession disputes is the same. An Executive Magistrate acts on the same satisfaction of a likely breach of the peace, inquires into actual possession without reference to the merits of a right to possess, applies the same two months dispossession period, and issues the same possession orders.

FAQs: CrPC 145 to BNSS 164

Did Section 164 BNSS change the two months period for forcible and wrongful dispossession under Section 145 CrPC?▼

No. The proviso to Section 164(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the exact rule from the proviso to Section 145(4) of the Code of Criminal Procedure, 1973. If it appears to the Executive Magistrate that a party was forcibly and wrongfully dispossessed within two months next before the police report or other information was received, or after that date and before the order under Section 164(1) BNSS, the Magistrate may treat that party as in possession on the order date.

Why does Section 164(10) BNSS refer to Section 126 instead of Section 107?▼

This is a change of form that updates the internal cross-reference to match the numbering of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 145(10) of the Code of Criminal Procedure, 1973, nothing in the provision was in derogation of the Magistrate's powers to proceed under Section 107 CrPC. Section 164(10) BNSS preserves the exact same saving rule by referring to Section 126 BNSS.

Were any new sub-sections or powers added when Section 145 CrPC became Section 164 BNSS?▼

No new sub-sections, time limits, electronic procedures, or powers were added, and no powers were deleted when Section 145 of the Code of Criminal Procedure, 1973 became Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Each sub-section from Section 145(1) CrPC to Section 145(10) CrPC corresponds to the same sub-section of Section 164 BNSS. Section 164(1) BNSS replaces pleader with an advocate, and the other changes, such as Code to Sanhita, are of form.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·