CrPC Section 147
Section 147 of the Code of Criminal Procedure (CrPC), India
⚖️ Section 147: Dispute concerning right of use of land or water
Text Summary:
Section 147 CrPC deals with situations where there is a dispute over the right of use of land or water (not ownership), and that dispute is likely to lead to a breach of peace.
Key Provisions:
If the Executive Magistrate receives information that there is a dispute regarding the right to use any land or water (e.g., right of way, access to water for irrigation), and this is likely to result in a breach of peace, they can:
Issue a written order stating the grounds of being satisfied about the dispute.
Call upon the parties involved to submit written statements and evidence of their claims.
Hold an inquiry to determine the actual rights of the parties.
After the inquiry, if the Magistrate finds one party has the legal right, they can prohibit interference by the other party.
If the right is still in dispute, and urgent prevention is needed, the Magistrate can make a temporary order until the matter is settled by a competent civil court.
Purpose:
To maintain public order when civil disputes over land or water use threaten to escalate into violence.
It’s a preventive, not adjudicative provision – it doesn't decide ownership, just prevents conflict.
Example:
Two farmers dispute over a path through a field. One claims a right of way, the other blocks it. The situation becomes tense. The Magistrate can act under Section 147, hold an inquiry, and issue an order to temporarily allow or restrict use of the path to avoid a breach of peace.
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