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Section 164 of the BNSS 2023 provides procedure to be followed where disputes concerning land or water may cause breach of peace. The expression 'land
Question

Section 164 of the BNSS 2023 provides procedure to be followed where disputes concerning land or water may cause breach of peace. The expression 'land or water' for the purposes of the Section includes which of the following?

A.

Buildings and fisheries only

B.

Buildings, fisheries, crops or other produce only

C.

Buildings, markets, fisheries, crops or produce acquiring therefrom only

D.

Buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property

Correct option is D

The correct option is: (d) Buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property

Explanation

Section 164 of the BNSS (which corresponds to Section 145 of the old Code of Criminal Procedure, 1973) outlines the procedure for handling disputes regarding "land or water" that are likely to cause a breach of peace. To ensure the scope of the Magistrate's authority is clear, the section provides a specific definition for this term.

  • Definition: Under Section 164(2) of the BNSS, the expression "land or water" is explicitly defined to include:
    • Buildings and markets.
    • Fisheries.
    • Crops or other produce of land.
    • The rents or profits derived from any such property.

This broad definition ensures that Executive Magistrates have the jurisdiction to intervene in various types of immovable property disputes—ranging from commercial marketplaces to agricultural yields—to prevent violence and maintain public order.

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