1. Sec. 133: Removal of Nuisance
On receiving report of a Police officer or
other information (taking evidence)
• If immediate steps are not taken irreparable
injury will be done.
• To act in the interest of public.
• Not a Private Dispute.
• Conditional Order to be passed.
• Final Order u/s. 411.

2. Sec. 135: Person against whom order
u/s. 133 is made shall:
a) perform within the time and in the
manner specified,
b) appear and show cause.
Sec. 136: If the person does not act or
appear and show cause he shall be
liable to penalty prescribed in S.188 IPC.
Sec. 137: (1) Enquiry if the person denies,
(2) If reliable evidence is found
in support of denial, the Magistrate shall
stay the proceedings until a Civil Court
decides.

3. Sec. 138: (1) When the person
appears and shows cause, evidence
shall be taken.
(2) If the Magistrate is satisfied
that the order passed is reasonable
and proper, the Order shall be made
absolute with or without modification.
(3) If Magistrate is not
satisfied, further proceedings shall take
place.

4. Sec. 139: Magistrate may direct….
Sec. 141: (1) Notice to the person to
obey the order within specified time
[prior to passing order u/s. 136],
(2) Attachment and sale when
not obeyed.
Sec. 143: Order not to repeat or
continue public nuisance.

5. Urgent Cases of Nuisance
(S. 144)
• (1) Magistrate may direct a person to
abstain from certain act or to take certain
order for prevention of disturbance of
public tranquility,
• (2) Order may be passed ex parte in case
of emergency,
• (4) Order shall not remain in force for
more than 2 months,
• (7) To appear and show cause,
• Order is revisable by High Court/ Sessions Court u/s. 397 CrPC.

6. Elements in the Order u/s. 144 CrPC.
• Material facts.
• Factors necessary for action u/s. 144 CrPC.
• Grounds of satisfaction that its emergency.
• Thing which is prohibited.
• Persons who are prohibited.
• Place covered.
• Period of time covered.

7. Dispute over Possession &
Apprehension of Breach of Peace
(s.145)
• (1) To require the parties to attend,
• (4) To hear parties and take evidence,
• (6) Order,
• (7) When any party to dispute dies, Magistrate
may cause legal representative party to
proceedings,
• (9) Summon any witness on application of other
party.

8. More on S. 145
• There must be a dispute and Magistrate is satisfied
that there is likelihood of breach of peace.
• In spite of being a decree by Civil Court in favour
of a party, the Magistrate has jurisdiction to decide
who among the parties is at the time of proceeding
in actual possession and to maintain his possession
though wrongfully.
• Magistrate’s duty is to declare and maintain the
possession of the party who is found on enquiry to
be in ‘Actual Possession’.

9. Preliminary Order u/s 145 CrPC
• Indicate the basis on which order is being drawn.
Describe subject of dispute.
• Mention content of Police report or other
information.
• State the ground on which you are satisfied that
the dispute is likely to cause breach of peace.
• Ask parties to attend in person or by pleader on
specified date and time to give written statement.
• Affix your signature and date.

10. Attachment & Appointment of Receiver
(S. 146)
• (1) If after making order u/s. 145(1) it is found that none
of the parties was then in possession of the subject of
dispute, Magistrate may attach the subject until a
competent Court has determined the rights of parties,
Provided that such Magistrate may withdraw the attachment at any time.
• (2) To appoint Receiver if no Receiver is appointed by
Civil Court,
Provided : when Receiver is subsequently appointed by Civil Court,
Magistrate --------
• a) to make order to hand over possession,
• b) to make incidental or consequential order,

11. Sec. 146 contd…….
• In case of emergency, attachment can
be ordered at once ‘without going into
merits of the claims of the parties
regarding possession. Opportunity of
being heard and prior notice to parties
are not prerequisite for valid attachment
in case of emergency.’
[Ganpat Sing & others V State & another, 1995, Cr LJ Rajasthan (HC)]

12. Dispute over Land & Water
(S.147)
Dispute concerning right of use of land or water:
(1) If breach of peace exists, Magistrate shall order to
require the parties to attend and put in written
statements,
(2) To examine statements and hear parties,
(3) When right exists, Magistrate may order prohibiting
interference/ removal of obstruction in exercise of
right.
Proceedings commenced u/s 145 can be transferred to s.
147 and vice versa.

13. Enquiry/ Investigation
• S. 148 (1): In the proceedings u/s. 145, 146 or 147,
subordinate magistrate may hold enquiry if necessary.
• (2) Enquiry report will be part of evidence.
• (3) Cost of enquiry to be paid or shared.
• S. 163: In absence of Judicial Magistrate, Officer-in-
charge of Police station may forward the accused
along with case records to the Executive Magistrate,
who may, for reasons to be recorded, authorise
detention of the accused in such custody as he may
think fit for a term not exceeding 7 days in aggregate,
and transmit to nearest Judicial Magistrate before
expiry of period of such custody.

14. Sec. 196 (1) No Court shall take cognizance of:
(a) Offence punishable u/s. 153A, 153B, 295A, 505(1) IPC.
(b) Criminal conspiracy to commit such offence.
(c) Any such abetment described in S. 108A IPC
Except previous sanction of Central/State Govt.
Sec. 196(1A): No Court shall take cognizance of:
(a) Any offence punishable u/s 153B, 505(2) or
505(3) IPC.
(b) Criminal Conspiracy to commit such offence.
Except previous sanction of Central/State Govt. or
DM.

15. Inquest
• S. 174 (1) Unnatural
death to be reported to
nearest EM.
• EM, under order of
DM/SDM to cause
investigation and draw
up reports in presence
of 2 or more
respectable persons.
• Report to be signed by
Police officers and
others.
• S. 176(4) When the
enquiry is held the
Magistrate to inform
relatives to remain
present.
• Statement of witness u/s.
162.
• Magistrate holding
Inquest u/s. 176 may
record confession, even
not empowered.

16. Essential Contents of
Inquest Report u/s. 176 CrPC
• Date, time & place of receiving intimation.
• Substance of information.
• Place where body was found.
• Place, date and time of Inquest.
• Who identified deadbody, Marks of identification.
• Name, parentage, sex, age, caste and residence of
deceased.
• Names and other particulars of relatives present.
• Names and other particulars of respectable persons
present.

17. Essential Contents of
Inquest Report u/s. 176 CrPC
• Observe closely all parts of body under sun light
and describe Corpse.
• Note down all relevant features including position
and attitude of body; number, position, length,
breath and direction of wounds; nature of wounds
as visible on external examination like incised,
lacerated, bruises and fractures; presence of blood,
saliva, froth, semen, swab etc; condition of
clothes/ornaments; position of limbs, eyes and
mouth, and so on.

18. Essential Contents of
Inquest Report u/s. 176 CrPC
• Is the body well nourished and vigorous or
emancipated and weak?
• Note down if there are marks of violence or
struggle; articles like rope, weapon, chemicals;
suicide note etc.
• Is there anything to suggest that deceased killed
herself?
• Do you notice anything around to suspect foul
play?

19. Essential Contents of
Inquest Report u/s. 176 CrPC
• Number & name of witnesses examined and
substance & weight of their evidence,
• Opinion of Magistrate on cause of death as could
be ascertained based on his inspection of the
scene, close examination of deadbody and
evidence adduced.(use separate sheets for
recording of evidence)
• Sketch plan of the place or photo if taken,
• Action proposed to be taken.