Introduction to Section 164 BNSS / Land Disputes, Peace Orders & Magistrate’s Power
Section 164 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is used when two or more parties fight over land, water, or boundary issues that can lead to public tension or disturbance. The Magistrate does not decide who owns the property but only checks who was in peaceful possession at the time of the dispute.
Its main aim is to maintain peace and order in the locality without going into complicated property rights.
What is BNSS Section 164 ?
BNSS Section 164 deals with disputes related to land or water that may cause a breach of peace. If such a dispute exists, the Executive Magistrate can take steps to prevent violence by calling both parties and deciding who is in actual possession of the disputed property. This section helps maintain public peace until a civil court decides ownership.
BNSS Section of 164 in Simple Points
1. Dispute Must Be About Possession, Not Ownership
The focus of Section 164 is not on who owns the land or water, but who is in actual possession of it. The Magistrate only tries to find out who was in control at the time of the dispute, not who has legal ownership. This helps in quickly stopping violence without waiting for civil court decisions.
2. Police Report or Information Can Start the Case
If the police report or other reliable information reaches the Magistrate showing that a land/water dispute can lead to a fight, the Magistrate can take immediate steps under this section. He must write down the reasons why he believes a breach of peace may happen.
3. Calling Parties with Written Claims
The Magistrate calls both parties involved in the dispute to court and asks them to submit their written claims about who is in possession of the disputed land/water. This step starts the legal process to identify who should be protected.
4. Decision Based on Possession, Not Title
The Magistrate will hear both sides, check the written claims and evidence, and decide who was in possession on the date of his initial order. Even if someone was forcibly removed, he may be treated as in possession for the purpose of maintaining peace.
5. Temporary Possession Order
If the Magistrate finds that one party was in peaceful possession, he can pass an order to protect that possession until a proper civil court decides otherwise. This ensures that no one is allowed to disturb that party until then.
Section 164 of BNSS Overview
BNSS Section 164 talks about what a Magistrate should do if there is a dispute over land or water that might cause a breach of peace (fight or disturbance). If the Magistrate feels the situation could create trouble, he can call both parties, take evidence, and try to find out who actually has possession of the land or water. This section helps in maintaining peace without getting into ownership issues.
BNSS Section 164: 10 Key Points Explained in Detail
1. What Triggers Action Under Section 164
BNSS Section 164 starts working when a land or water dispute could lead to a breach of peace. If a police report or other information shows that such a situation exists, the Executive Magistrate can take action. His job is to prevent violence or tension, not to solve ownership disputes. He must record in writing the reasons for taking action.
2. Dispute Must Be Related to Possession, Not Ownership
This section only deals with actual possession, not who is the legal owner. The Magistrate does not decide who owns the property. Instead, he checks who is physically using or controlling the land or water when the dispute is reported. This helps maintain peace without getting into long court trials.
3. Notice to the Parties Involved
The Magistrate must issue a written order calling both parties involved in the dispute. He sets a specific date and time for them to appear in court, either in person or through a lawyer. They are also asked to give written statements explaining their claim of possession over the disputed property.
4. What is Meant by “Land or Water”
The words land or water include not only land and rivers but also buildings, markets, crops, fisheries, and even rents or profits from the property. This makes the section useful in a wide range of disputes — not just between farmers or neighbours, but also in urban and commercial areas.
5. Serving the Order and Public Notice
The Magistrate’s order is served to the people involved like a regular court summons. Additionally, at least one copy is fixed at or near the disputed place — like a notice board or wall — so that it becomes public knowledge. This creates transparency and informs local people to avoid getting involved in the conflict.
6. Procedure to Decide Who Was in Possession
After receiving the written statements from both parties, the Magistrate listens to both sides, examines evidence, and may collect more if needed. He does not consider who has better ownership papers, only who was in actual possession on the date of his order. This helps quickly reduce tension in the area.
7. Restoring Possession in Case of Forceful Removal
If one party has been forcibly and wrongly removed from the land within two months before the report was received or after the report but before the order, the Magistrate may treat that party as being rightfully in possession. This ensures justice for victims of forceful dispossession.
8. Final Order to Maintain Peace
If the Magistrate finds one party in possession or wrongly dispossessed, he issues an order declaring that party as entitled to possession until removed legally. This protects possession and prevents violence. No one can disturb the possession unless the civil court orders eviction.
9. Handling Death of Any Party
If someone involved in the dispute dies during the proceedings, the Magistrate can add the legal heirs or representatives to the case. If there’s confusion about who the legal heir is, all claimants are included, and the inquiry continues. This ensures the process does not stop unfairly.
10. Other Important Powers of the Magistrate
The Magistrate can take special steps if crops or property may get spoiled quickly — like ordering safe storage or sale. He can also summon witnesses or ask for documents. These powers help him reach the right conclusion. Also, this section doesn’t affect the Magistrate’s power under BNSS Section 126, which handles urgent
Example 1:
Two neighbours fight over a small piece of farmland. Police report the matter to the Magistrate. To avoid more violence, the Magistrate uses BNSS Section 164 and finds that Mr. A was in possession before the fight. He orders Mr. A’s possession to be protected.
Example 2:
A water canal is disputed between two villages. The Magistrate calls both groups, checks records and witness statements, and allows the village which was actually using the canal recently to continue until the civil court decides ownership.
Section 164 of BNSS Short Information
| Aspect | Details |
|---|---|
| Offence | Dispute over land/water that may cause public disturbance |
| Definition | Magistrate handles land/water disputes likely to cause breach of peace |
| Punishment | No punishment – it’s a preventive procedure |
| Bailable | Not applicable (Preventive, not criminal) |
Why BNSS Section 164 Is Needed ?
1. To Prevent Local Fights Over Land and Water
When people fight over land, farms, buildings, or water sources, it can create violence or riots. BNSS 164 gives power to stop this before things get worse.
2. To Maintain Peace Until the Court Decides Ownership
Land ownership takes years to prove in civil courts. Meanwhile, BNSS 164 ensures that peaceful possession continues and no one is forcefully removed.
3. To Protect the Person in Possession
If someone is already using the land or water peacefully, this section protects their possession. No one can illegally grab the property during the dispute.
4. To Give Quick Relief
BNSS 164 provides fast action through the Magistrate. There’s no need to wait for years in court to get temporary relief from land disputes.
5. To Avoid Breach of Peace in the Area
When property disputes are not controlled, they can disturb the whole locality. BNSS 164 helps keep law and order stable by preventing violence.
BNSS Section 164 FAQs
BNSS 164
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