Section 147 of CrPC : Section 147: Dispute Concerning Right Of Use Of Land Or Water

Explanation using Example

Imagine a scenario where two farmers, Ram and Shyam, who own adjacent plots of land in a rural area, are in conflict over the right to use a water canal that runs between their properties. Ram claims that his family has been using the canal to irrigate their fields for generations, while Shyam asserts that he has an equal right to use the water for his crops.

The dispute escalates to the point where there is a risk of violence between the two parties. A concerned neighbor, noticing the rising tension, informs the local police about the situation. The police officer, upon visiting the site and assessing the potential for a breach of peace, reports the matter to the Executive Magistrate.

The Executive Magistrate, upon reviewing the police report and other information, is convinced that the dispute might lead to a breach of the peace. He issues a written order, citing his reasons and summoning Ram and Shyam to appear in court on a specified date, with their legal representatives if desired, to present written statements of their claims regarding the use of the canal.

During the court proceedings, the Magistrate carefully examines the statements provided by both farmers, hears their arguments, and reviews the evidence presented. He may also decide to gather additional evidence if necessary. After considering all the information, the Magistrate concludes that Ram's family does have a historical right to use the canal for irrigation.

As a result, the Magistrate issues an order that prohibits Shyam from interfering with Ram's use of the canal, and in this case, might also order the removal of any obstructions Shyam has placed that impede Ram's access to the water. This order helps to prevent any further conflict and ensures that Ram can exercise his right without interference.

In this example, Section 147 of The Code of Criminal Procedure, 1973, is applied to resolve a dispute over the right of user of land or water that could have resulted in a breach of the peace.