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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 139-186
Section 139
Section 140
Section 141
Section 142
Section 143
Section 144
Section 145
Section 146
Section 147
Section 148
Section 149
Section 150
Section 151
Section 152
Section 153
Section 154
Section 155
Section 156
Section 157
Section 158
Section 159
Section 160
Section 161
Section 162
Section 163
Section 164
Section 165
Section 166
Section 166-A
Section 166-B
Section 167
Section 168
Section 169
Section 170
Section 171
Section 172
Section 173
Section 174
Section 175
Section 176
Section 177
Section 178
Section 179
Section 180
Section 181
Section 182
Section 183
Section 184
Section 185
Section 186
Section 147- Dispute concerning right of use of land or water

Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his to attend his court in person or by pleader on a specified date and time and to put in written statements of their respective claims.

Explanation. The expression "land or water" has the meaning given to it in sub-section (2) of section 145.
The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and if possible decide whether such right exists: and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry.
If it appears to such Magistrate that such rights exist, he may make an order prohibiting, any interference with the exercise of such right, including in a proper case, an order for the removal of any obstruction in the exercise of any such right:

Provided that no such order shall be made where the right is exercisable at all times of the times unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.
When in any proceedings commenced under subsection (1) of section 145 the Magistrate finds that tire dispute is as regards an alleged right to user of land or water, he may after recording his reasons, continue with the proceedings as if they had been commenced under subsection (1);

And when in any proceedings commenced under subsection (1) the Magistrate finds that the dispute should be dealt with under section 145, he may after recording his reasons, continue with the proceedings as if they had been commenced under subsection (1) of section 145.

STATE AMENDMENT

Maharashtra:

In sub-section (1) of section 147, for the words "whenever an Executive Magistrate" the words "whenever in greater Bombay, a Metropolitan Magistrate and elsewhere in the state, as Executive Magistrate" shall be submitted.

[Vide Maharashtra Act 1 of 1978, sec.3 (w.e.f 15-4-2024)].
     
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