Open Access Research Article
DISPUTES CONCERNING LAND OR WATER LIKELY TO CAUSE BREACH OF PEACE
Abstract
Disputes over land, water, boundaries, crops, access routes
and other immovable-property interests can quickly escalate into public
disorder. Indian criminal procedure therefore provides a preventive, summary
mechanism through which an Executive Magistrate may preserve peace by
determining who was in actual possession at the relevant time, without deciding
title or ownership. Since 1 July 2024, the principal provision is Section 164
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which substantially
carries forward Section 145 of the Code of Criminal Procedure, 1973 (CrPC).
This article examines the statutory framework, procedural safeguards, the
distinction between possession and title, attachment of disputed property, the
relationship with civil litigation, and leading judicial decisions. It argues
that the provision is most effective when used narrowly as an emergency peacekeeping
measure, with reasoned orders, fair hearings and due regard to civil-court
jurisdiction.
Published Paper
Author Details
Authors: P. KAYALVIZHIRegistration ID: 1013467 | Published Paper ID: IJLRA13467Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2488-2497
Article Information
DISPUTES CONCERNING LAND OR WATER LIKELY TO CAUSE BREACH OF PEACE
Authors: P. KAYALVIZHI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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