Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Purpose:
Section 164 of BNSS, 2023, deals with the procedure for resolving disputes related to possession of land or water that might lead to public disorder or breach of peace. The section empowers an Executive Magistrate to investigate and determine the real possession of disputed land or water bodies to maintain peace and order.
Detailed Explanation of Section 164
1. Initiation of Proceedings
When an Executive Magistrate is satisfied—based on a police report or any other reliable information—that a dispute relating to possession of land or water exists in their jurisdiction and is likely to disturb public peace, the Magistrate will issue a written order.
This order summons the disputing parties to appear personally or through their legal representatives before the Magistrate and to submit written statements regarding the actual possession of the property in question.
2. Definition of Disputed Property
The term land or water includes any immovable property such as buildings, marketplaces, water bodies (ponds, rivers, etc.), fisheries, agricultural produce, or any beneficial rights derived from such property.
3. Service and Publication of Order
The summons/order will be formally served on the parties involved.
Additionally, a copy of the order will be posted at a conspicuous place near or on the disputed property to notify the public and interested parties.
4. Determination of Actual Possession
The Magistrate will conduct an inquiry by considering the written statements, oral evidence, and any other documents submitted by the parties.
The Magistrate may call additional witnesses or evidence if required.
The key task is to ascertain which party was in actual possession of the disputed property on the date the order was issued.
5. No Existence of Dispute
If the Magistrate is convinced that no real dispute exists between the parties regarding possession, they may cancel the proceedings and order no further action.
6. Awarding Possession and Protection
If possession is clearly established in favor of a party, the Magistrate will grant possession rights to that party.
The Magistrate shall protect the party in possession from any unlawful interference, eviction, or dispossession.
If any party has been forcibly dispossessed, the Magistrate will restore possession to them.
7. Death of a Party
If any party to the dispute dies during the proceedings, the Magistrate will continue the case by making the legal heirs or representatives parties to the dispute.
8. Safeguarding Perishable Property
In cases where the disputed property is perishable or liable to quick deterioration, the Magistrate may order its care, preservation, or even sale.
The proceeds from such a sale will be kept until the dispute is finally resolved.
9. Summoning Witnesses
The Magistrate may summon witnesses or require the production of documents upon the request of any party to ensure a fair inquiry.
10. Non-Prejudice to Other Laws
This section does not restrict the Magistrate’s power to take action under other provisions of the law, such as those related to maintaining public order.
Summary:
Section 164 BNSS is primarily designed to provide a speedy and effective remedy in possession disputes involving land or water.
It aims to prevent escalation of conflicts that could threaten public peace.
The Executive Magistrate acts as a quasi-judicial authority to determine possession and ensure peace without addressing the ownership of the property.
This process is summary and preventive, not a substitute for civil courts dealing with ownership or title.
Comparison with CrPC Section 146
Section 164 BNSS is similar in spirit and procedure to Section 146 of the Code of Criminal Procedure (CrPC), 1973 in India.
Both provisions deal with possession disputes likely to disturb public peace and empower Magistrates to determine possession and grant protection to the party in actual possession.
However, BNSS is a new codified statute aimed at broader public security and peace, incorporating and updating existing legal provisions.
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