Section 166 BNSS: Dispute concerning right of use of land or water
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 166 BNSS at a Glance
Section 166 BNSS deals with dispute concerning right of use of land or water. It replaced Section 147 CrPC on 1 July 2024.
Section 166 BNSS Bare Act Text
(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.
Source: Section 166, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 166 BNSS in Simple Words
Section 166(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a dispute about an alleged right of user of any land or water within the local jurisdiction of an Executive Magistrate. It applies where the Magistrate is satisfied, from the report of a police officer or upon other information, that the dispute is likely to cause a breach of the peace. It does not matter whether the right is claimed as an easement or otherwise. The Magistrate shall then make an order in writing stating the grounds of being so satisfied. The order shall require the parties concerned to attend the Court in person or by an advocate on a specified date and time and to put in written statements of their respective claims. Under the Explanation, land or water has the meaning given in section 164(2) of the Sanhita. Under Section 166(2), the Magistrate shall then peruse the statements, hear the parties and receive the evidence they produce.
The Magistrate shall consider the effect of that evidence, take any further evidence thought necessary and, if possible, decide whether the right exists. The provisions of section 164 shall apply to this inquiry so far as may be. Under Section 166(3), if it appears to the Magistrate that the right exists, the Magistrate may make an order prohibiting any interference with the exercise of the right. In a proper case, that order may include an order for the removal of any obstruction in the exercise of the right. The proviso refers to the receipt under Section 166(1) of the police report or other information leading to the institution of the inquiry. Where the right is exercisable at all times of the year, no such order shall be made unless the right was exercised within three months next before that receipt. The proviso also covers a right exercisable only at particular seasons or on particular occasions.
For that right, no such order shall be made unless the right was exercised during the last such season or on the last such occasion before that receipt. Section 166(4) covers proceedings commenced under section 164(1) in which the Magistrate finds that the dispute is about an alleged right of user of land or water. The Magistrate may, after recording reasons, continue as if the proceedings had been commenced under Section 166(1). It also covers proceedings commenced under Section 166(1) in which the Magistrate finds that the dispute should be dealt with under section 164. The Magistrate may, after recording reasons, continue as if the proceedings had been commenced under section 164(1).
When Section 166 BNSS Applies
- 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 Under Section 166 BNSS
- 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”
Example of Section 166 BNSS
When Section 166 BNSS Does Not Apply
- Section 166 BNSS speaks of an order prohibiting interference with the exercise of a right of user of land or water. It does not deal with attachment of the subject of dispute and appointment of a receiver, which is the subject of Section 165 BNSS.
- Section 166 BNSS speaks of an inquiry by the Magistrate into an alleged right of user. It does not deal with a local inquiry, which is the subject of Section 167 BNSS.
Section 166 BNSS in the CrPC (Previous Law)
Section 166 BNSS replaced Section 147 CrPC from 1 July 2024.
Section 166 BNSS has the same heading as Section 147 CrPC. Section 166(1) BNSS reads by an advocate where Section 147(1) CrPC read by pleader, and its Explanation opens with the words For the purposes of this sub-section, which the Explanation to Section 147(1) CrPC does not contain. That Explanation refers to Section 164(2) BNSS where the Explanation to Section 147(1) CrPC referred to Section 145(2) CrPC. Section 166(2) BNSS reads the Magistrate shall peruse where Section 147(2) CrPC read the Magistrate shall then peruse, and refers to Section 164 BNSS where Section 147(2) CrPC referred to Section 145 CrPC. Section 166(4) BNSS refers to Section 164(1) BNSS and to Section 164 BNSS where Section 147(4) CrPC referred to Section 145(1) CrPC and to Section 145 CrPC. Section 166(3) BNSS reads such rights exist where Section 147(3) CrPC read such right exists. The proviso to Section 166(3) BNSS has the same text as the proviso to Section 147(3) CrPC.
Each sub-section below names its own source.
FAQs on Section 166 BNSS
What must an Executive Magistrate do under Section 166(1) BNSS?▼
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, he shall make an order in writing, stating the grounds of his being so satisfied. The order requires the parties concerned 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.
What does the Magistrate do after the statements are put in under Section 166(2) BNSS?▼
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. The provisions of Section 164 apply so far as may be in the case of such inquiry.
When may the Magistrate prohibit interference with a right under Section 166(3) BNSS?▼
If it appears to the Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right. The proviso to Section 166(3) provides that no such order shall be made where the right is exercisable at all times of the year, 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.
What changed from Section 147 CrPC to Section 166 BNSS from 1 July 2024?▼
Section 166 BNSS has the same heading as Section 147 CrPC. Section 166(1) BNSS reads by an advocate where Section 147(1) CrPC read by pleader, and its Explanation opens with the words For the purposes of this sub-section, which the Explanation to Section 147(1) CrPC does not contain. That Explanation refers to Section 164(2) BNSS where the Explanation to Section 147(1) CrPC referred to Section 145(2) CrPC. Section 166(2) BNSS reads the Magistrate shall peruse where Section 147(2) CrPC read the Magistrate shall then peruse, and refers to Section 164 BNSS where Section 147(2) CrPC referred to Section 145 CrPC. Section 166(4) BNSS refers to Section 164(1) BNSS and to Section 164 BNSS where Section 147(4) CrPC referred to Section 145(1) CrPC and to Section 145 CrPC. Section 166(3) BNSS reads such rights exist where Section 147(3) CrPC read such right exists. The proviso to Section 166(3) BNSS has the same text as the proviso to Section 147(3) CrPC.
Section 166 BNSS: Sub-sections Explained
Section 166(1) BNSS: Dispute concerning right of use of land or water
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Bare Act Text
(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.
Section 166(2) BNSS: Dispute concerning right of use of land or water
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Bare Act Text
(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.
Section 166(3) BNSS: Dispute concerning right of use of land or water
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Bare Act Text
(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.
Section 166(4) BNSS: Dispute concerning right of use of land or water
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·