CrPC Section 146
CrPC Section 146 – Power to attach subject of dispute and to appoint receiver
🔹 Bare Act (Simplified):
If a Magistrate at any time after initiating proceedings under Section 145 (dispute over land or water likely to cause a breach of peace) is satisfied that:
No party has clear possession, or
There is a risk of breach of peace, or
There is emergency,
then the Magistrate may:
Attach the subject of the dispute (e.g., land, building, water body), and
Appoint a receiver to manage it (if needed), until a competent court determines the rights of the parties.
🔍 Explanation:
Section 146 is a preventive measure to maintain law and order.
It allows the Magistrate to take control of disputed property temporarily if there's a risk that the dispute could lead to violence.
The Magistrate’s action under this section is temporary and meant only to preserve peace, not to determine ownership.
The actual rights of the parties must be decided by a civil court.
✅ Key Points:
| Feature | Detail |
|---|---|
| When used | During disputes over possession that may cause unrest |
| Action by Magistrate | Attach property and/or appoint a receiver |
| Purpose | Prevent breach of peace, maintain status quo |
| Who decides ownership | Only a civil court, not the Magistrate |
| Legal effect | Prevents parties from taking law into their own hands |
📌 Example:
If two people are fighting over a piece of farmland and both claim possession, the Magistrate can attach the land and appoint a neutral person to manage it, until a court decides who is the rightful owner.
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