Section 165 BNSS: Power to attach subject of dispute and to appoint receiver
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 165 BNSS at a Glance
Section 165 BNSS deals with power to attach subject of dispute and to appoint receiver. It replaced Section 146 CrPC on 1 July 2024.
Section 165 BNSS Bare Act Text
(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.
Source: Section 165, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 165 BNSS in Simple Words
Under Section 165(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate may attach the subject of dispute at any time after making the order under section 164(1) of the Sanhita. This applies in any of the following cases. One case is where the Magistrate considers the case to be one of emergency. Another is where the Magistrate decides that none of the parties was then in the possession referred to in section 164. A further case is where the Magistrate is unable to be satisfied as to which party was then in that possession.
The attachment lasts until a competent Court has determined the rights of the parties as to who is entitled to possession. Under the proviso to Section 165(1), the Magistrate may withdraw the attachment at any time if satisfied that there is no longer any likelihood of a breach of the peace over the subject of dispute. Section 165(2) applies when the Magistrate attaches the subject of dispute and no Civil Court has appointed a receiver for it. The Magistrate may then make such arrangements as the Magistrate considers proper for looking after the property. If the Magistrate thinks fit, the Magistrate may instead appoint a receiver.
That receiver shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908. The proviso to Section 165(2) applies if a Civil Court later appoints a receiver for the subject of dispute. The Magistrate shall then order the receiver appointed by the Magistrate to hand over possession to the receiver appointed by the Civil Court, and shall afterwards discharge the first receiver. The Magistrate may also make such other incidental or consequential orders as may be just.
When Section 165 BNSS Applies
- The Magistrate may attach the subject of dispute if, at any time after making the order under Section 164(1), he considers the case to be one of emergency.
- The Magistrate may attach the subject of dispute 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.
- The attachment is until a competent Court has determined the rights of the parties with regard to the person entitled to the possession.
- Under the proviso to Section 165(1), the 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.
- Under Section 165(2), if no receiver has been appointed by any Civil Court, the Magistrate may make such arrangements as he considers proper for looking after the property or, if he thinks fit, appoint a receiver, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908.
- Under the proviso to Section 165(2), if a receiver is subsequently appointed by any Civil Court, the Magistrate 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.
Time Limits Under Section 165 BNSS
- The 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.Act text: “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”
Example of Section 165 BNSS
When Section 165 BNSS Does Not Apply
- Section 165 BNSS speaks of attaching the subject of dispute after an order under Section 164(1) BNSS. It does not deal with a dispute concerning right of use of land or water, which is the subject of Section 166 BNSS.
- Section 165 BNSS speaks of attachment and of a receiver for the subject of dispute. It does not deal with a local inquiry, which is the subject of Section 167 BNSS.
Section 165 BNSS in the CrPC (Previous Law)
Section 165 BNSS replaced Section 146 CrPC from 1 July 2024.
Section 165 BNSS has the same heading as Section 146 CrPC. Section 165(1) BNSS refers to Section 164(1) BNSS and to Section 164 BNSS where Section 146(1) CrPC referred to Section 145(1) CrPC and to Section 145 CrPC. The proviso to Section 165(1) BNSS and Section 165(2) BNSS with its proviso have the same text as the proviso to Section 146(1) CrPC and Section 146(2) CrPC with its proviso.
Each sub-section below names its own source.
FAQs on Section 165 BNSS
When may the Magistrate attach the subject of dispute under Section 165(1) BNSS?▼
The Magistrate may attach the subject of dispute if, at any time after making the order under Section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, he considers the case to be one of emergency. He may also do so 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.
May the Magistrate withdraw the attachment under Section 165 BNSS?▼
The proviso to Section 165(1) provides that the 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.
What does Section 165(2) BNSS say about a receiver?▼
When the Magistrate attaches the subject of dispute, he may, if no receiver 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. The receiver shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908. If a receiver is subsequently appointed by any Civil Court, the proviso to Section 165(2) applies.
What changed from Section 146 CrPC to Section 165 BNSS from 1 July 2024?▼
Section 165 BNSS has the same heading as Section 146 CrPC. Section 165(1) BNSS refers to Section 164(1) BNSS and to Section 164 BNSS where Section 146(1) CrPC referred to Section 145(1) CrPC and to Section 145 CrPC. The proviso to Section 165(1) BNSS and Section 165(2) BNSS with its proviso have the same text as the proviso to Section 146(1) CrPC and Section 146(2) CrPC with its proviso.
Section 165 BNSS: Sub-sections Explained
Section 165(1) BNSS: Power to attach subject of dispute and to appoint receiver
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Bare Act Text
(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.
Section 165(2) BNSS: Power to attach subject of dispute and to appoint receiver
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·