Chapter X
Section 145 CrPC: Procedure where dispute concerning land or water is likely to cause breach of peace
New Law Update (2024)
Section 134 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 of the claims of any of the parties to a right to possess the subject of dispute, peruse 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 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) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (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.
(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 and the Magistrate shall decide the question as to who is the legal representative of the deceased party and proceed with the inquiry.
(8) Any order made under this section shall, subject to the provisions of this section, be final, and shall not be called in question in any Civil Court.
(9) Nothing in this section shall be deemed to be in derogation of the powers of the High Court to issue directions, orders or writs under Article 226 of the Constitution of India.
Important Sub-Sections Explained
Section 145(1)
This sub-section empowers an Executive Magistrate to initiate proceedings when they are satisfied that a land or water dispute is likely to cause a breach of peace, requiring parties to present their claims of actual possession.
Section 145(4) (with proviso)
This crucial sub-section outlines the Magistrate’s inquiry into actual possession, allowing them to hear evidence and determine who was in possession. Its proviso further enables the Magistrate to restore possession to a party who was forcibly and wrongfully dispossessed within a two-month period before the dispute arose.
Landmark Judgements
R.H. Bhutani v. Mani J. Desai (1968):
The Supreme Court clarified that the scope of Section 145 CrPC is limited to ascertaining actual physical possession at the time of the Magistrate’s order, without delving into the merits of title or the right to possess. The focus is purely on preventing a breach of peace.
Amresh Tiwari v. Lallu Singh (2005):
The Supreme Court reiterated that proceedings under Section 145 CrPC are primarily for preventing a breach of peace concerning immovable property. The Magistrate’s role is not to decide questions of title but to maintain peace by determining who was in actual possession on the relevant date.
Draft Format / Application
IN THE COURT OF THE EXECUTIVE MAGISTRATE, [District Name], [State Name]
Case No.: [Year]/[Number]
IN THE MATTER OF:
[Name of Petitioner/First Party],
Son/Daughter of [Father’s Name],
Resident of [Address]
…Petitioner/First Party
VERSUS
[Name of Respondent/Second Party],
Son/Daughter of [Father’s Name],
Resident of [Address]
…Respondent/Second Party
APPLICATION UNDER SECTION 145 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner/First Party is the [state relationship to property, e.g., owner/in possession] of the property bearing [describe property clearly: survey number, plot number, address, boundaries, area, etc., hereinafter referred to as “the disputed property”].
2. That the Respondent/Second Party claims some right over the disputed property and has, on or about [date], attempted to forcibly dispossess the Petitioner/First Party from the said property, thereby creating a serious apprehension of a breach of peace in the locality.
3. That a dispute concerning the actual physical possession of the disputed property exists between the Petitioner/First Party and the Respondent/Second Party, which is likely to cause a breach of public peace.
4. That the Petitioner/First Party was in actual physical possession of the disputed property on the date of this application and for a period prior thereto, and has been in continuous possession.
5. That the Petitioner/First Party apprehends imminent unlawful activities by the Respondent/Second Party which may lead to a serious law and order situation.
6. That the disputed property falls within the local jurisdiction of this Hon’ble Court.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Take cognizance of this application and initiate proceedings under Section 145 of the Code of Criminal Procedure, 1973.
b) Issue an order in writing, stating the grounds of being satisfied that a dispute likely to cause a breach of peace exists, and requiring the parties concerned to attend this Hon’ble Court and submit written statements of their claims as to actual possession.
c) After inquiry, declare the Petitioner/First Party to be entitled to possession of the disputed property until evicted therefrom in due course of law, and forbid all disturbance of such possession.
d) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
[Signature of Petitioner/First Party]
[Name of Petitioner/First Party]
Through
[Signature of Advocate]
[Name of Advocate]
[Enrollment No.]
[Address of Advocate]