Code
(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, 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 as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section, the expression land or water includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute:
Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.
(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to subsection (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.
(b) The order made under this sub-section shall be served and published in the manner laid down in sub-section (3).
(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.
(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 107.
STATE AMENDMENT
Maharashtra
Amendment of section 145 of Act 2 of 1974.–In section 145 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as “the said Code”),–
(a) in sub-section (1) for the words Whenever an Executive Magistrate he words “Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate” shall be substituted;
(b) for sub-section (10), the following sub-section shall be substituted, namely:-
“(10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under section 107. In the case of a Metropolitan Magistrate taking action under this section, if at any state of the proceeding , he is of the opinion that the dispute calls for an action under section 107, he shall, after recording his reasons, forward the necessary information to the executive Magistrate having jurisdiction, to enable him to proceed under that section.”.
[Vide Maharashtra Act 1 of 1978, s. 2]
Explanation
This section empowers a Magistrate to take action when there is an imminent threat of a breach of peace arising from a dispute concerning land or water, even if no actual violence has taken place yet. The Magistrate has the authority to:
- Issue an order prohibiting further disturbance or the commission of any act that could lead to a breach of peace.
- Direct the parties involved to maintain peace and refrain from taking any action that could escalate the conflict.
- Appoint a receiver to manage the disputed property, if necessary.
- Inquire into the dispute and make a preliminary determination regarding the ownership or possession of the land or water body.
This section is meant to act as a preventative measure, aiming to nip potential conflict in the bud before it escalates into violence.
Illustration
Imagine two families arguing over the ownership of a plot of land. The dispute has been ongoing for months and is becoming increasingly heated. There have been threats of violence, and the situation is volatile. In this scenario, a Magistrate could invoke Section 145 to:
- Order both families to refrain from any further actions that could lead to a breach of peace.
- Appoint a receiver to manage the land until the dispute is resolved.
- Conduct an inquiry to determine who has a stronger claim to the land.
These actions would help to de-escalate the situation and prevent a potential breach of peace.
Common Questions and Answers
Q: When is Section 145 applicable?
A: Section 145 applies when a dispute over land or water is likely to cause a breach of peace. It is not applicable to disputes that are not likely to lead to violence.
Q: Who can initiate a proceeding under Section 145?
A: A proceeding under Section 145 can be initiated by any person who is likely to be affected by the dispute, or by a police officer.
Q: What are the consequences of violating an order issued under Section 145?
A: Violating an order issued under Section 145 is punishable by imprisonment and/or fine, as per the provisions of the CrPC.
