Section 146 CrPC: Power to attach subject of dispute and to appoint receiver

Code of Criminal Procedure, 1973

Section 146 CrPC at a Glance

Section 146 CrPC deals with power to attach subject of dispute and to appoint receiver. From 1 July 2024 it is replaced by Section 165 BNSS.

Now BNSS

Section 165 →

What Section 146 CrPC Says

146. Power to attach subject of dispute and to appoint receiver
(1) If the Magistrate at any time after making the order under sub-section (1) of section 145 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 145, 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 (5 of 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 146, Code of Criminal Procedure, 1973

Section 146 CrPC in Simple Words

Under Section 146(1) of the Code of Criminal Procedure, 1973, a Magistrate may attach the subject of dispute at any time after making the order under section 145(1) of the Code. 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 145. 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 146(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 146(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 146(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 146 CrPC Applies

The Magistrate may attach the subject of dispute if, at any time after making the order under Section 145(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 145, 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 146(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 146(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 146(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 146 CrPC

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 146 CrPC

Kavita is a Magistrate who has made an order under Section 145(1) CrPC about a plot of land. Kavita considers the case to be one of emergency. Under Section 146(1) CrPC, Kavita may attach the subject of dispute until a competent Court has determined the rights of the parties with regard to the person entitled to the possession. No Civil Court has appointed a receiver, so under Section 146(2) CrPC Kavita may make such arrangements as Kavita considers proper for looking after the property or, if Kavita thinks fit, appoint a receiver.

When Section 146 CrPC Does Not Apply

Section 146 CrPC speaks of attaching the subject of dispute after an order under Section 145(1) CrPC. It does not deal with a dispute concerning right of use of land or water, which is the subject of Section 147 CrPC.
Section 146 CrPC 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 148 CrPC.

Section 146 CrPC Under BNSS 165: What Changed

Section 146 CrPC is now covered under Section 165 BNSS.

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.

View detailed comparison (CrPC 146 vs BNSS 165) →

FAQs on Section 146 CrPC

When may the Magistrate attach the subject of dispute under Section 146(1) CrPC?▼

The Magistrate may attach the subject of dispute if, at any time after making the order under Section 145(1) of the Code of Criminal Procedure, 1973, 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 145, 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 146 CrPC?▼

The proviso to Section 146(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 146(2) CrPC 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 146(2) applies.

Where is Section 146 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 146(1) CrPC and its proviso are found in Section 165(1) BNSS and its proviso. Section 146(2) CrPC and its proviso are found in Section 165(2) BNSS and its proviso.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·