CrPC Section 145
Here is a detailed explanation of Section 145 of the Criminal Procedure Code (CrPC), 1973 in English, ready for you to copy-paste:
Section 145 of the Criminal Procedure Code (CrPC), 1973 – Procedure Where Dispute Concerning Land or Water is Likely to Cause Breach of Peace
1. Text of the Section:
When a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local jurisdiction of a Magistrate, the Magistrate may take action under this section to prevent violence or unrest until the rights are decided by a competent court.
2. Detailed Explanation:
a. Purpose:
Section 145 aims to prevent public disorder and violence arising from land or water disputes.
It allows Magistrates to intervene temporarily, not to determine ownership, but to maintain peace.
It is a preventive, not adjudicative provision.
b. When It Applies:
A dispute exists over land, water, or boundary.
The dispute is likely to cause a breach of peace.
The property is within the local jurisdiction of the Magistrate.
Actual possession of the property is in question, not legal ownership.
c. Procedure Under Section 145:
Preliminary Order (Sub-section 1):
The Executive Magistrate issues a written order stating reasons and calls both parties to appear and submit written statements about their respective claims to possession.
Submission of Evidence (Sub-section 3):
Parties must submit documents, affidavits, and other evidence to support their claims.
Decision on Possession (Sub-section 4):
The Magistrate, after examining the evidence, decides who was actually in possession of the disputed land or water at the time the order was made.
The Magistrate may declare possession in favor of one party and forbid disturbance by the other party until a competent court decides the matter.
Emergency Measures (Sub-section 4 & 5):
If there’s an imminent danger of breach of peace, the Magistrate may attach the property to prevent escalation.
A receiver may be appointed to manage the property temporarily.
Finality (Sub-section 6):
The order remains in force until the rights are determined by a civil court.
d. Key Features:
The focus is on possession, not ownership.
Civil rights and title claims must be resolved in civil courts.
Preventive in nature to avoid violence or group conflict.
Urgent remedy to stabilize the situation.
e. Related Sections:
Section 146 CrPC: Provides for attachment of subject of dispute and appointment of a receiver.
Section 147 CrPC: Deals with disputes regarding right of use of land or water (like easement rights).
3. Judicial Interpretation:
Courts have ruled that actual possession at the time of the Magistrate’s preliminary order is key.
If neither party was in possession, the Magistrate can attach the property under Section 146.
The Magistrate's decision does not affect ownership rights, which must be decided by a competent civil court.
4. Conclusion:
Section 145 CrPC is a preventive measure to maintain peace and order in land or water disputes that are likely to result in violence. It empowers Executive Magistrates to assess who is in actual possession, ensure no disturbance occurs, and allow courts to later decide on legal ownership or rights.
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