Section 165 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 165: Power of Magistrate to Seize Disputed Property and Appoint Receiver
1. Power to Seize Property
If the Magistrate believes that the situation is urgent or if it is difficult to determine which party has actual possession or rightful claim over a property, the Magistrate may order the seizure of the disputed property.
This seizure is intended to maintain peace and prevent any potential violence or harm related to the dispute.
The property will remain seized until a competent civil court adjudicates on the rights of the parties involved.
Example:
If two parties claim ownership over a piece of land and there is a risk of violence between them, the Magistrate can intervene by seizing the land temporarily.
2. Appointment of Receiver
When the Magistrate seizes the disputed property, they may also appoint a Receiver to take charge of the property.
This appointment happens if no Receiver has already been appointed by a civil court.
The Receiver will manage and maintain the property during the period of seizure.
The powers and duties of this Receiver are similar to those appointed under the Indian Civil Procedure Code, 1908.
If a civil court later appoints a different Receiver, the Magistrate’s appointed Receiver must hand over possession of the property to the new Receiver.
3. Objective and Purpose
The primary purpose of Section 165 is to preserve public order and prevent conflicts, especially when there is a dispute over property ownership that may lead to violence.
It acts as a temporary protective measure until the rightful ownership can be legally determined by the civil judiciary.
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