CrPC 147 Is Now BNSS 166: Dispute Concerning Right of Use

Aspect	CrPC 1973 (repealed)	BNSS 2023 (in force)
Section	147	166
Heading	Dispute concerning right of use of land or water	Same
Sub-sections	4 sub-sections	Same
Cross-references	s.145	s.164

CrPC 147 and BNSS 166: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 147, CrPC 1973

147. Dispute concerning right of use of land or water.—(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, 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. Explanation.—The expression “land or water” has the meaning given to it in sub-section (2) of section 145. (2) The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry. (3) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 145.

BNSS 2023 (in force)

Section 166, BNSS 2023

166. Dispute concerning right of use of land or water.—(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, 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. Explanation.—For the purposes of this sub-section, the expression "land or water" has the meaning given to it in sub-section (2) of section 164. (2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry. (3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 164, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 164.

When It Applies: CrPC 147 vs BNSS 166

Under CrPC 147

Under Section 147(1), an Executive Magistrate who is satisfied from the report of a police officer or upon other information that such a dispute exists within his local jurisdiction shall make an order in writing.
The parties concerned in the dispute are required to attend the Court of the Magistrate in person or by pleader on a specified date and time and to put in written statements of their respective claims.
Under Section 147(2), the Magistrate shall peruse the statements, hear the parties, receive all such evidence as may be produced by them respectively and, if possible, decide whether such right exists.
The provisions of Section 145 apply so far as may be in the case of such inquiry.
Under Section 147(3), if it appears to the Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right.
Under Section 147(4), the Magistrate may, after recording his reasons, continue proceedings commenced under Section 145(1) as if they had been commenced under Section 147(1) when he finds that the dispute is as regards an alleged right of user of land or water.

Under BNSS 166

Under Section 166(1), an Executive Magistrate who is satisfied from the report of a police officer or upon other information that such a dispute exists within his local jurisdiction shall make an order in writing.
The parties concerned in the dispute are required to attend the Court of the Magistrate in person or by an advocate on a specified date and time and to put in written statements of their respective claims.
Under Section 166(2), the Magistrate shall peruse the statements, hear the parties, receive all such evidence as may be produced by them respectively and, if possible, decide whether such right exists.
The provisions of Section 164 apply so far as may be in the case of such inquiry.
Under Section 166(3), if it appears to the Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right.
Under Section 166(4), the Magistrate may, after recording his reasons, continue proceedings commenced under Section 164(1) as if they had been commenced under Section 166(1) when he finds that the dispute is as regards an alleged right of user of land or water.

Time Limits: CrPC 147 to BNSS 166

Under CrPC 147

Under the proviso to Section 147(3), where the right is exercisable at all times of the year, no such order shall be made unless the right has been exercised within three months next before the receipt of the report of a police officer or other information leading to the institution of the inquiry.Act text: “no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt”
Where the right is exercisable only at particular seasons or on particular occasions, no such order shall be made unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.Act text: “or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt”

Under BNSS 166

Under the proviso to Section 166(3), where the right is exercisable at all times of the year, no such order shall be made unless the right has been exercised within three months next before the receipt of the report of a police officer or other information leading to the institution of the inquiry.Act text: “no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt”
Where the right is exercisable only at particular seasons or on particular occasions, no such order shall be made unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.Act text: “or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt”

What CrPC 147 to BNSS 166 Means in Practice

From 1 July 2024, the text on a dispute concerning right of use of land or water is read in Section 166 BNSS in place of Section 147 CrPC. Section 166(1) BNSS refers to an advocate, and Section 166(2) BNSS and Section 166(4) BNSS refer to Section 164 BNSS.

FAQs: CrPC 147 to BNSS 166

What word replaces pleader in Section 166(1) BNSS?▼

Section 166(1) BNSS reads by an advocate where Section 147(1) CrPC read by pleader.

What cross-references differ between Section 147 CrPC and Section 166 BNSS?▼

Section 166 BNSS refers to Section 164 BNSS where Section 147 CrPC referred to Section 145 CrPC. This is so in the Explanation to Section 166(1) BNSS, which refers to Section 164(2) BNSS where the Explanation to Section 147(1) CrPC referred to Section 145(2) CrPC, in Section 166(2) BNSS, and in Section 166(4) BNSS, which refers to Section 164(1) BNSS where Section 147(4) CrPC referred to Section 145(1) CrPC.

What other wording differs between Section 147 CrPC and Section 166 BNSS?▼

The Explanation to Section 166(1) BNSS opens with the words For the purposes of this sub-section, which the Explanation to Section 147(1) CrPC does not contain.

CrPC 147 to BNSS 166: Dispute concerning right of use of land or water

CrPC 147 to BNSS 166 at a Glance

What Changed From CrPC 147 to BNSS 166?

CrPC 147 vs BNSS 166: Comparison Table

CrPC 147 and BNSS 166: Bare Act Text Side by Side

When It Applies: CrPC 147 vs BNSS 166

Time Limits: CrPC 147 to BNSS 166

What CrPC 147 to BNSS 166 Means in Practice

FAQs: CrPC 147 to BNSS 166