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

Section 164 BNSS Bare Act Text

(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.

Source: Section 164, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 164 BNSS in Simple Words

When Section 164 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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 Under Section 164 BNSS

• 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”

Example of Section 164 BNSS

When Section 164 BNSS Does Not Apply

• Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where no dispute likely to cause a breach of the peace exists or has existed concerning any land or water or the boundaries of that land or water within the Executive Magistrate's local jurisdiction, and under Section 164(5) BNSS the Magistrate shall cancel the initial order and stay all further proceedings when this is shown.
• An inquiry under Section 164(4) BNSS does not apply to determining the merits or the claims of any of the parties to a right to possess the subject of dispute, because the Magistrate must decide actual possession without reference to such merits or claims.
• Treating a dispossessed party as being in possession on the date of the initial order and restoring possession under the proviso to Section 164(4) BNSS and Section 164(6)(a) BNSS do not apply if the party was not forcibly and wrongfully dispossessed within two months next before the date on which the police officer's report or other information was received by the Magistrate, or after that date and before the date of the order under Section 164(1) BNSS.

Section 164 BNSS in the CrPC (Previous Law)

FAQs on Section 164 BNSS

Section 164 BNSS: Sub-sections Explained

Sections Related to Section 164 BNSS