Section 164 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace.

Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace

Code:

1. Order for Attendance:
   • Whenever an Executive Magistrate is satisfied, based on a police report or other information, that a dispute likely to cause a breach of the peace exists concerning any land or water within his jurisdiction, he shall issue a written order. This order must state the grounds for the Magistrate’s satisfaction and require the parties involved to attend the Court, either in person or through a pleader, on a specified date. They must also submit written statements detailing their respective claims regarding the actual possession of the subject of the dispute.
2. Definition of Land or Water:
   • The term “land or water” includes buildings, markets, fisheries, crops, or any other produce of land, along with the rents or profits of such properties.
3. Service and Publication of Order:
   • A copy of the order must be served to the concerned parties as prescribed in the Sanhita for serving summons. Additionally, at least one copy of the order must be affixed in a conspicuous place at or near the disputed subject.
4. Examination of Claims:
   • The Magistrate shall review the statements, hear the parties, and consider any evidence presented. Without assessing the merits of each claim, he must determine which party was in possession of the subject of dispute as of the date of his order:
     • If a party was forcibly dispossessed within two months prior to the report or after the report but before the order, the Magistrate may treat that party as if they were in possession on the order date.
5. Dispute Verification:
   • Parties or interested persons may demonstrate that no dispute exists. If proven, the Magistrate will cancel his order, halting all further proceedings; otherwise, the order remains final.
6. Declaration of Possession:
   • If the Magistrate concludes that one party was in possession (or should be treated as such), he will issue an order declaring that party entitled to possession until legally evicted, forbidding any disturbance of that possession. If applicable, he may restore possession to a party wrongfully dispossessed:
     • This order must also be served and published as outlined in subsection (3).
7. Continuation of Proceedings upon Death:
   • If a party dies, the legal representative can be added to the proceedings, allowing the inquiry to continue. Any claims to be a representative must also be recognized.
8. Custody of Perishable Property:
   • If any crop or produce in dispute is at risk of speedy decay, the Magistrate can order its proper custody or sale. Upon concluding the inquiry, he will decide on the disposal of such property or its sale proceeds.
9. Witness Summons:
   • At any stage, the Magistrate may issue a summons to any witness to attend or produce documents at the request of either party.
10. Relationship to Other Powers:
    • This section does not limit the powers of the Magistrate under section 126.

Explanation:

This section deals with the power of an Executive Magistrate to intervene in disputes regarding land, water, or their boundaries, which threaten to disrupt peace within their jurisdiction. Here is a review of Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace

Procedure:

• Initiation: The Magistrate initiates the proceedings based on a report from a police officer or other credible information indicating a potential breach of peace due to a land/water dispute.
• Order and Notice: The Magistrate issues a written order specifying the grounds for intervention and requires all parties involved to appear before the Court, present their claims in writing, and provide evidence.
• Inquiry: The Magistrate conducts an inquiry, focusing on determining possession of the disputed property as of the order date, without considering the merits of the ownership claims.
• Decision and Order: The Magistrate decides which party, if any, was in possession at the relevant time. They can also restore possession to a party who was wrongfully dispossessed within the preceding two months. The Magistrate issues an order declaring the entitled party’s possession until legally evicted, and forbids any disturbance of that possession.

Illustrations: On Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace

1. Scenario: Two neighbors claim ownership of a piece of land.
   • Magistrate’s Action: The Executive Magistrate issues an order for both parties to attend court, providing their statements and evidence of possession.
2. Scenario: A farmer claims he was forcibly evicted from his land two weeks prior.
   • Magistrate’s Action: The Magistrate, after receiving a police report, treats the farmer as being in possession at the time of his order, allowing him to stay until a lawful eviction occurs.
3. Scenario: A party presents evidence that no dispute exists.
   • Magistrate’s Action: The Magistrate cancels his initial order and halts further proceedings, determining there was never a dispute.
4. Scenario: Crops on disputed land are at risk of decay.
   • Magistrate’s Action: The Magistrate orders the crops to be sold to prevent loss and decides the disposal of proceeds after the inquiry.

Common Q & A: On Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace

1. Q: What constitutes a breach of the peace?
   • A: A breach of the peace refers to any act that may lead to public disorder, violence, or civil unrest, such as disputes over property boundaries.
2. Q: Can a Magistrate issue an order without a police report?
   • A: Yes, a Magistrate can act on any information received indicating a potential dispute, not solely based on police reports.
3. Q: How is the order served to the parties involved?
   • A: The order is served according to the procedures outlined in the Sanhita, which may include personal delivery and public posting in a conspicuous location.
4. Q: What happens if one party does not attend the hearing?
   • A: If a party fails to attend, the Magistrate may still proceed with the inquiry based on the available evidence and statements from the attending party.
5. Q: Can the order of possession be contested?
   • A: While the initial order of possession is final, it can be challenged in subsequent legal proceedings, but the order remains effective until overturned.
6. Q: What if the crops are sold, and the inquiry determines the seller was not in possession?
   • A: The proceeds from the sale will be managed according to the Magistrate’s final order post-inquiry, ensuring fairness based on the established facts.

This provision serves to maintain order and fairness in resolving land and water disputes. Hence, providing a clear legal framework for the actions of Executive Magistrates.

Illustration:

Imagine two families disputing the ownership of a small plot of land. The dispute escalates, with both families threatening violence. A police officer reports the situation to the Magistrate. He/she under Section 125, issues an order for both families to appear before them. The Magistrate conducts an inquiry and examines evidence. He then determines that family A was in possession of the plot before the dispute arose. The Magistrate issues an order recognizing family A’s possession and forbids any interference with their possession. This is until a formal legal ruling on ownership.

Common Questions and Answers:

Q: What is the purpose of Section 125?

A: To maintain peace and order by preventing disputes regarding land and water from escalating into violence.

Q: Does this section determine ownership rights?

A: No. It only establishes possession status at a particular time. It doesn’t decide who owns the land or water.

Q: Can any party challenge the Magistrate’s order?

A: Yes, parties can challenge the order through regular legal channels if they believe the order was unfair or inaccurate.

Q: What happens if a party dies during the proceedings?

A: The Magistrate can make their legal representative a party to the proceedings and continue the inquiry.