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 p...

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