Power to attach subject of dispute and to appoint receiver
Section 146 of the Code of Criminal Procedure, 1973 deals with power to attach subject of dispute and to appoint receiver. If the Magistrate at any time after making the order under sub- section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If the Magistrate at any time after making the order under sub- section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof :
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of
Civil Procedure, 1908 (5 of 1908);
Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate-
(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;
(b) may make such other incidental or consequential orders as may be just.
Section 146, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 165 Power to attach subject of dispute and to appoint receiver Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Harish Sehgal vs State of U. P.
Court's Decision & Legal Precedent
The fundamental principle of natural justice (audi alteram partem - the right to be heard) is mandatory in all judicial proceedings, including summary and criminal proceedings under the Code of Criminal Procedure. A court cannot modify the operative portion of a lower court's order in revision or revision-like proceedings without providing prior notice to all parties who would be adversely affected by such modification. Material variation in the phraseology of an operative portion of an order, even if ostensibly intended as clarification, requires full compliance with natural justice principles. The court's inherent jurisdiction to clarify orders cannot be exercised in a manner that bypasses the mandatory requirement of notice and hearing to affected parties.
On this section: Procedure for final order by magistrate determining possession on basis of evidence. Restoration of possession to party found to have prior possession.
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Md.ibrahim Hussain vs The State of Ap.
Court's Decision & Legal Precedent
Where a revision petition has been dismissed by the Sessions Court, a subsequent petition under Section 482 CrPC cannot be entertained by the High Court as it would amount to circumventing the statutory bar under Section 397(3) CrPC. The inherent powers of the High Court under Section 482 CrPC cannot be invoked to overcome a statutory bar when the aggrieved party has already exhausted the remedy of revision before the lower court. The distinction lies in whether the party had an opportunity to avail the remedy of revision; if they did and it was dismissed, no second revision (whether labeled as such or as an inherent power petition) can be maintained.
On this section: Cited as the basis for the property attachment order passed by the Special Executive Magistrate
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Khajan Singh vs State and Anr.
Court's Decision & Legal Precedent
When property attachment and receiver appointment orders have been pending for an extended period (nearly four years), the High Court, while exercising its discretionary power under Section 482 CrPC, may choose to affirm such orders rather than quash them if no useful purpose would be served by disturbance at such a belated stage. However, the court should simultaneously direct the subordinate court to expeditiously conclude the underlying proceedings to prevent further delay and ensure finality.
On this section: Section 146 CrPC was cited in the petition title, relating to the procedure for attachment of property in disputes under Section 145.
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Vijay Kumar Rathore vs Dayashankar Rathore
Court's Decision & Legal Precedent
In criminal proceedings under Section 147 of CrPC, when there is a registered sale deed in favor of the respondent establishing legal ownership of the land, the application of a person claiming possession based on a settlement agreement (Rajinama) or continuous possession becomes unmaintainable. The registered ownership, as evidenced by the revenue records and registered sale deed, takes precedence over claimed possession in determining the maintainability of such applications. The pendency of civil litigation regarding the same land does not alter this principle in criminal proceedings.
On this section: Cited in connection with the 2012 application for attachment of land and crops. The SDM had passed an order under this section, which was later set aside by the High Court in 2017.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… of legal proceedings initiated before a competent court subsequent to the order of an Executive Magistrate under Sections 145/146 of the Code of Criminal Procedure, the law as to the effect of the order of the Magistrate may be summarized as under:- (1) The words 'competent court' as used in Sub-section (1) of Section 146 of the code do not necessarily mean a civil court only. A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the property forming subject matter of proceedings before the Executive …
Questions about Section 146
What have the courts held on Section 146 of the Code of Criminal Procedure?
Harish Sehgal vs State of U. P. (24 Nov 2000) is the leading judgment on this section among those set out below: Procedure for final order by magistrate determining possession on basis of evidence. Restoration of possession to party found to have prior possession. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2000 to 2024.
How do I find court cases under Section 146 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 146, section 146 CRPC, section 146 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Harish Sehgal vs State of U. P. (24 Nov 2000).
What should I read with Section 146 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 145 (Procedure where dispute concerning land or water is likely to causebreach of peace), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 165 (Power to attach subject of dispute and to appoint receiver), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 146 of the Code of Criminal Procedure come into force?
Section 146 of the Code of Criminal Procedure, cited as CRPC 146, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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