Section 147 CrPC: Dispute concerning right of use of land or water

Code of Criminal Procedure, 1973

Section 147 CrPC at a Glance

Section 147 CrPC deals with dispute concerning right of use of land or water. From 1 July 2024 it is replaced by Section 166 BNSS.

Now BNSS

Section 166 →

What Section 147 CrPC Says

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.

Source: Section 147, Code of Criminal Procedure, 1973

Section 147 CrPC in Simple Words

Section 147(1) of the Code of Criminal Procedure, 1973 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 pleader 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 145(2) of the Code. Under Section 147(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 145 shall apply to this inquiry so far as may be. Under Section 147(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 147(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 147(4) covers proceedings commenced under section 145(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 147(1). It also covers proceedings commenced under Section 147(1) in which the Magistrate finds that the dispute should be dealt with under section 145. The Magistrate may, after recording reasons, continue as if the proceedings had been commenced under section 145(1).

When Section 147 CrPC Applies

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.

Time Limits Under Section 147 CrPC

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”

Example of Section 147 CrPC

Kavita is an Executive Magistrate. A police officer reports to Kavita a dispute likely to cause a breach of the peace regarding an alleged right of way over land within the local jurisdiction of Kavita. Under Section 147(1) CrPC, Kavita shall make an order in writing, stating the grounds of Kavita being so satisfied, and requiring the parties concerned to attend the Court of Kavita in person or by pleader on a specified date and time and to put in written statements of their respective claims. If it appears to Kavita that the right exists, Kavita may make an order under Section 147(3) CrPC prohibiting any interference with the exercise of the right.

When Section 147 CrPC Does Not Apply

Section 147 CrPC 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 146 CrPC.
Section 147 CrPC 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 148 CrPC.

Section 147 CrPC Under BNSS 166: What Changed

Section 147 CrPC is now covered under Section 166 BNSS.

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.

View detailed comparison (CrPC 147 vs BNSS 166) →

FAQs on Section 147 CrPC

What must an Executive Magistrate do under Section 147(1) CrPC?▼

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 pleader 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 147(2) CrPC?▼

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 145 apply so far as may be in the case of such inquiry.

When may the Magistrate prohibit interference with a right under Section 147(3) CrPC?▼

If it appears to the Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right. The proviso to Section 147(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.

Where is Section 147 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 147(1) CrPC and its Explanation are found in Section 166(1) BNSS and its Explanation. Section 147(2) CrPC is found in Section 166(2) BNSS. Section 147(3) CrPC and its proviso are found in Section 166(3) BNSS and its proviso. Section 147(4) CrPC is found in Section 166(4) BNSS.

Have questions about Section 147 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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