Dispute concerning right of use of land or water
Section 147 of the Code of Criminal Procedure, 1973 deals with 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 easemen 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) 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 being so satisfied and requiring the parties concerned in such dispute 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.
(2) 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.
(3) 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 year, 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 a seasons or on the last of such occasions before such receipt.
(4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right of 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 sub-section (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 sub-section (1) of section 145.
Section 147, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 166 Dispute concerning right of use of land or water Text carried over almost unchanged 99%
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 5
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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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: The primary statute under which the petitioner filed the application seeking to prevent respondents from harvesting crops. The court held that Section 147 CrPC requires the applicant to establish possession, but when there is a registered sale deed in favor of the respondent, the application becomes unmaintainable. The court applied the principle that registered ownership takes precedence over claimed possession in criminal proceedings under Section 147.
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Balasubramaniyan vs Kalyanasundaram
Court's Decision & Legal Precedent
When a cheque is issued and subsequently dishonoured due to insufficient funds, and a legal notice is issued to the drawer, the statutory presumption under Section 139 of the Negotiable Instruments Act is invoked in favour of the complainant. The burden then shifts to the defence to rebut this presumption through credible oral or documentary evidence. If the defence fails to appear as a witness or fails to provide sufficient evidence to rebut the presumption, the conviction under Section 138 NI Act is sustainable and should be upheld on appeal.
On this section: The court noted that the respondent/complainant failed to file a petition under Section 147 CrPC for withdrawal or compounding of the offence, despite allegedly receiving the cheque amount from the appellant.
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Hare Ram Yadav vs The State of Bihar& ORS.
Court's Decision & Legal Precedent
When a writ petition challenges administrative action involving disputed factual matters regarding the nature of construction (whether a house or temporary encroachment) and the validity of demolition despite a stay order, and when the underlying matter is pending in Criminal Revision proceedings before a subordinate court, the High Court should remit the matter to the appropriate subordinate court for expeditious adjudication rather than deciding the factual disputes at the writ stage, ensuring that the subordinate court provides due notice to all parties and decides the matter within a reasonable timeframe.
On this section: Section 147 CrPC provides for removal of encroachments. The Executive Magistrate issued an order under this section directing removal of encroachment on the disputed land. The court proceedings under this section were stayed, but the Sub Divisional Magistrate allegedly proceeded with demolition despite the stay.
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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… The genesis of this criminal case is a civil dispute between two brothers i.e., the accused and the informant, over a pathway. The informant Shr i Sahidur Rahman as the first party had filed a petition before the learned Exec utive Magistrate, Dhubri u/s 147 of the Code of Criminal Procedure, 1973 (Cr.P.C .) alleging that the second party i.e., the accused Shri Motiur Rahman had block ed the pathway by erecting a hut and by planting vegetable crops thereon. The sa me was registered as Case No.103/1999. The learned Additional District Magistrat e, Dhubri by her order …
Questions about Section 147
What have the courts held on Section 147 of the Code of Criminal Procedure?
Vijay Kumar Rathore vs Dayashankar Rathore (22 Apr 2024) is the leading judgment on this section among those set out below: The primary statute under which the petitioner filed the application seeking to prevent respondents from harvesting crops. The court held that Section 147 CrPC requires the applicant to establish possession, but when there is a registered sale deed in favor of the respondent, the application becomes unmaintainable. The court applied the principle that registered ownership takes precedence over claimed possession in criminal proceedings under Section 147. Another 2 judgments on this section are set out below. They run from 2013 to 2024.
How do I find court cases under Section 147 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 147, section 147 CRPC, section 147 of the Code of Criminal Procedure. People searching for it also type crpc 147 in bnss and crpc 147 148. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Vijay Kumar Rathore vs Dayashankar Rathore (22 Apr 2024).
What should I read with Section 147 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. 5 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 166 (Dispute concerning right of use of land or water), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 147 of the Code of Criminal Procedure come into force?
Section 147 of the Code of Criminal Procedure, cited as CRPC 147, 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
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.