This document summarizes Sections 145-148 of the Code of Criminal Procedure related to disputes over immovable property that could lead to a breach of peace. Section 145 gives the Executive Magistrate power to intervene in disputes likely to cause a breach of peace involving land or water. The Magistrate can summon parties, take written explanations of claims, and pass orders. Section 146 allows the Magistrate to attach the subject of dispute and appoint a receiver if emergency action is needed. Section 147 covers disputes over the right to use land or water. Section 148 permits a local inquiry, with its report considered evidence. The document outlines the provisions and conditions for applying each section, and summarizes some relevant case laws.

1. DISPUTES RELATED TO
BREACH OF PEACE AND
IMMOVABLE PROPERTY
CHAPTER X-D : SEC.145-148
CODE OF CRIMINAL PROCEDURE
EMIMA THANGAPANDI SEM IV. BBA. LL.B
ROLL NO. 15
ROLL NO. 15

2. Sections
Sec. 145 : Procedure where dispute concerning
land or water is likely to cause breach of peace
Sec. 146 : Power to attach subject of dispute
and to appoint receiver
Sec. 147 : Dispute concerning right of use land
or water
Sec. 148 : Local inquiry
CODE OF CRIMINAL PROCEDURE

3. Background
The Executive Magistrate passes orders for the
disputes mentioned in this chapter.
It deals with issues related to MAINTAINANCE OF
PUBLIC ORDER & TRANQUILITY.
CHAPTER X
X-A : Unlawful assembly
X-B : Public nuisances
X-C : Urgent cases of nuisance or apprehended danger
X-D : Disputes as to immovable property

4. Sec. 145 : Power & Procedure
1. Executive Magistrate is convinced of breach of peace:
-makes written order
-mandates summon of parties in person or by pleader on a
2. Parties make written explanation of their claims:
-A copy of orders issued for service of summons to persons
-Atleast 1 copy to be published by being attached to some
3. Magistrate then, -Reviews the claims submitted
-Listens to both the parties
-Accept evidences if necessary
. -Passes order
Police report
contains:
Nature of conflict
Clear description of
property
Parties to conflict
Perceived nature of
danger on public
peace
Breach of peace : Conflict between two parties/ groups over the
ownership of land, water or borders thereby
likely to cause breach of peace.
particulat date & time
prominent place at or near subject of conflict

5. Conditions to Sec. 145
1. Conflict
2.Likely to result in breach of peace
3. Involves land or water or its borders & houses, markets,
fisheries, crops or other products of the land and the
rentals of income of such properties.
4.Suspected dispossession occured within 2 months of
Magistrate issuing initial order
5.Within the Magistrate's teritorial limit
-Any standing crop or property which is prone to gradual decline:
The Executive Magistrate may issue :
1. Order for appropriate custody
or
2. Sale of property after inquiry

6. Sec. 146 : Power to attach & appoint
receiver to subject
AFTER ORDER IS PASSES, MAGISTRATE FINDS THAT:
-Matter is of emergency
-Neither party was in possession
-It cannt be assured who was in possession
Is with the City Civil Court.
Incase it takes time to appoint, the
magistrate appoints one till the time
another is appointed by City Civil Court.
Power to appoint receiver:
THEN THE MAGISTRATE MAY,
Attach the subject-matter of dispute till
competent court decides the rights of parties.
REMOVAL OF ATTACHMENT:
When the magistrate is convinced that there
is no chance of breach of peace with the
subject-matter in dispute.

7. Sec. 147 : Disputes concerning right to use of
land/water
-Executive Magistrate is informed
-Examination of claims is done
-Order to prevent the intervention is passed
within 3 months of information being received
Magistrate can change the proceeding
to u/s 145 of Crpc.
If the Executive Magistrate is not
satisfied as to custody of a party he/she
may issue orders to move the case to
District Judge.

8. On inquiry under
Sec .145, 146 & 147
DISTRICT MAGISTRATE OR SUB-DIVISIONAL
MAGISTRATE MAY,
1.Appoint and Magistrate who is subordinate to
conduct investigation
2.Provide with basic instruments
3.Decide who will pay for basic expeses
Judgement &. Order
1. To whom costs shall be paid
2. By such party or any other party
3. In whole/ part/ proportion
4. The cost is inclusive of witnesses
and pleaders fees
Sec. 148 : Loc al Inquiry
The report produced after local enquiry
is considered as EVIDENCE here.

9. Case Laws 1) SADAR AMRIT SINGH & ORS. v. GYANDEO SHARMA & ANR.
-Mere finding of an anticipation of breach of peace is not
enough.
-Sec.146 Should be properly distinguished in the incident.
2) BAJINATH CHOUBEY & ORS. v. DR. RAM EKBAL CHOUBEY
& ORS.
-In this case, inpite of missing of emergency, order was passed
u/s. 145 & 146.
3) N. A. Ansary v. Jakiriya
-A Magistrate is not bound to give a preliminary order if he/she
is not satisfied with the evidence proving of breach of peace.
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