Section 164 of BNSS : Section 164: Procedure where dispute concerning land or water is likely to cause breach of peace.

Explanation using Example

Example 1:

Scenario: Dispute over Agricultural Land

Ramesh and Suresh are neighboring farmers in a village in Maharashtra. They have a long-standing dispute over a piece of agricultural land that both claim to own. The dispute has escalated to the point where there is a risk of physical confrontation between the two parties, which could disturb the peace in the village.

Application of Section 164:

1. Report to Magistrate: The local police officer, after receiving complaints from both parties and observing the tension, files a report to the Executive Magistrate.
2. Order to Attend Court: The Magistrate, satisfied that the dispute could lead to a breach of peace, issues a written order requiring Ramesh and Suresh to attend his court on a specified date and time. They are also required to submit written statements of their respective claims regarding the possession of the land.
3. Service of Order: Copies of the order are served to Ramesh and Suresh, and a copy is affixed to a conspicuous place near the disputed land.
4. Hearing and Evidence: On the specified date, the Magistrate hears both parties, reviews their written statements, and considers any evidence they present. The Magistrate also takes additional evidence if necessary.
5. Decision on Possession: The Magistrate determines that Ramesh was in possession of the land at the time of the initial report. However, it is found that Suresh forcibly dispossessed Ramesh two weeks before the report was filed. Therefore, the Magistrate treats Ramesh as being in possession on the date of the order.
6. Final Order: The Magistrate issues an order declaring Ramesh entitled to possession of the land until evicted through due legal process and forbids any disturbance of his possession. The order is served and published as required.

Example 2:

Scenario: Dispute over Water Source

In a village in Tamil Nadu, two communities, A and B, are in conflict over the use of a common water source. Community A claims that they have been using the water source for irrigation for decades, while Community B argues that they have the right to use it for their drinking water needs. The dispute has led to several heated arguments and minor scuffles, raising concerns about a potential breach of peace.

Application of Section 164:

1. Report to Magistrate: The local police officer, after receiving multiple complaints and witnessing the escalating tension, submits a report to the Executive Magistrate.
2. Order to Attend Court: The Magistrate, convinced that the dispute could lead to a breach of peace, issues a written order requiring representatives from both communities to attend his court on a specified date and time. They are also required to submit written statements of their respective claims regarding the use of the water source.
3. Service of Order: Copies of the order are served to the representatives of both communities, and a copy is posted near the water source.
4. Hearing and Evidence: On the specified date, the Magistrate hears the arguments from both communities, reviews their written statements, and considers any evidence they present. The Magistrate also takes additional evidence if necessary.
5. Decision on Possession: The Magistrate determines that Community A was in possession of the water source for irrigation purposes at the time of the initial report. However, it is found that Community B forcibly started using the water source for drinking purposes a month before the report was filed. Therefore, the Magistrate treats Community A as being in possession on the date of the order.
6. Final Order: The Magistrate issues an order declaring Community A entitled to use the water source for irrigation until evicted through due legal process and forbids any disturbance of their possession. The order is served and published as required.

Example 3:

Scenario: Dispute over Market Stall

In a busy market in Delhi, two vendors, Priya and Anil, are in conflict over a particular stall. Priya claims that she has been using the stall for the past year, while Anil argues that he has the right to the stall based on an agreement with the market association. The dispute has led to several altercations, causing concern among other vendors and shoppers.

Application of Section 164:

1. Report to Magistrate: The local police officer, after receiving complaints from both vendors and observing the disturbances, files a report to the Executive Magistrate.
2. Order to Attend Court: The Magistrate, satisfied that the dispute could lead to a breach of peace, issues a written order requiring Priya and Anil to attend his court on a specified date and time. They are also required to submit written statements of their respective claims regarding the possession of the stall.
3. Service of Order: Copies of the order are served to Priya and Anil, and a copy is posted near the disputed stall.
4. Hearing and Evidence: On the specified date, the Magistrate hears both parties, reviews their written statements, and considers any evidence they present. The Magistrate also takes additional evidence if necessary.
5. Decision on Possession: The Magistrate determines that Priya was in possession of the stall at the time of the initial report. However, it is found that Anil forcibly took over the stall two weeks before the report was filed. Therefore, the Magistrate treats Priya as being in possession on the date of the order.
6. Final Order: The Magistrate issues an order declaring Priya entitled to possession of the stall until evicted through due legal process and forbids any disturbance of her possession. The order is served and published as required.