BNSS §167
Local inquiry.
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147. Dispute concerning right of use of land or water.—(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 persue 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 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 sub-section (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.
167.
(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable. CHAPTER XII PREVENTIVE ACTION OF THE POLICE
What changedAI-inferred
Disputes concerning right of use of land or water.
Old position
CrPC 147 is concerned with Dispute concerning right of use of land or water. Dispute concerning right of use of land or water
New position
BNSS 167 preserves the framework with drafting modernisations as required by the new code. Topic: Local inquiry.. Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him
BNSS 167 (Local inquiry.) preserves the framework of CrPC 147. BNSS 167 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 167 text: Whenever a local inquiry is necessary for the purposes of...
Editorial deltaAI-indicated (source-linked)
BNSS 167 (Local inquiry.) preserves the framework of CrPC 147. BNSS 167 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 167 text: Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 147 continues to apply. For matters from that date forward, BNSS 167 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 167 (Local inquiry.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §147 → BNSS §167 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/167.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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