Chapter X
Section 146 CrPC: Power to attach subject of dispute and to appoint receiver
New Law Update (2024)
Section 178 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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; and
(b) may make such other incidental or consequential orders as may be just.
Important Sub-Sections Explained
Section 146(1)
This sub-section empowers a Magistrate to temporarily attach a disputed property in urgent situations, or when it’s unclear who is in possession under Section 145, to prevent potential violence until a civil court decides the rightful possessor.
Section 146(2)
This sub-section allows the Magistrate to appoint a receiver to manage the attached property. If a civil court later appoints its own receiver for the same property, the Magistrate’s receiver must hand over possession to the civil court’s appointee.
Landmark Judgements
Ram Sumer Puri Mahant v. State of U.P. (1985):
This Supreme Court ruling established that once a competent civil court is seized of a dispute relating to title or possession of immovable property, proceedings under Sections 145/146 CrPC are not maintainable. The criminal court should not proceed parallelly with the civil court to avoid conflicting decisions.
Surendra Kumar v. Ram Swarup (1998):
The Allahabad High Court clarified that an attachment under Section 146 CrPC is a temporary and emergency measure aimed at preventing a breach of peace and preserving the disputed property, pending a final adjudication of rights by a competent civil court. The Magistrate’s role is not to determine title or final possession.