CrPC Section 145: Preventing Breach of Peace Due to Land or Water Disputes

1. Code

CrPC Section 145, also known as “Preventing Breach of the Peace Due to Land or Water Disputes“, falls under Chapter X of the Code of Criminal Procedure (CrPC) and deals with the power of the magistrate to prevent a breach of peace due to disputes regarding land or water.

2. Explanation

This section empowers a Magistrate to take action when there is an imminent threat of a breach of peace arising from a dispute concerning land or water, even if no actual violence has taken place yet. The Magistrate has the authority to:

• Issue an order prohibiting further disturbance or the commission of any act that could lead to a breach of peace.
• Direct the parties involved to maintain peace and refrain from taking any action that could escalate the conflict.
• Appoint a receiver to manage the disputed property, if necessary.
• Inquire into the dispute and make a preliminary determination regarding the ownership or possession of the land or water body.

This section is meant to act as a preventative measure, aiming to nip potential conflict in the bud before it escalates into violence.

3. Illustration

Imagine two families arguing over the ownership of a plot of land. The dispute has been ongoing for months and is becoming increasingly heated. There have been threats of violence, and the situation is volatile. In this scenario, a Magistrate could invoke Section 145 to:

• Order both families to refrain from any further actions that could lead to a breach of peace.
• Appoint a receiver to manage the land until the dispute is resolved.
• Conduct an inquiry to determine who has a stronger claim to the land.

These actions would help to de-escalate the situation and prevent a potential breach of peace.

4. Common Questions and Answers

Q: When is Section 145 applicable?

A: Section 145 applies when a dispute over land or water is likely to cause a breach of peace. It is not applicable to disputes that are not likely to lead to violence.

Q: Who can initiate a proceeding under Section 145?

A: A proceeding under Section 145 can be initiated by any person who is likely to be affected by the dispute, or by a police officer.

Q: What are the consequences of violating an order issued under Section 145?

A: Violating an order issued under Section 145 is punishable by imprisonment and/or fine, as per the provisions of the CrPC.