Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 165: Power to attach subject of dispute and to appoint receiver
(1) If the Magistrate at any time after making the order under sub-section (1) of section 164 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 164, 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: 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.
Brief Detail
Section 165 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the Magistrate to attach a subject of dispute and appoint a receiver if there is an emergency or uncertainty regarding possession. The attachment is meant to prevent a breach of peace until a competent Court can determine the rights of the parties involved.
What does Section 165 empower the Magistrate to do?
It empowers the Magistrate to attach the subject of a dispute and appoint a receiver if necessary.
Under what circumstances can the Magistrate attach the subject of dispute?
The Magistrate can attach the subject if he considers it an emergency, decides that none of the parties was in possession, or cannot determine who was in possession.
Can the Magistrate withdraw the attachment?
Yes, the Magistrate may withdraw the attachment if he is satisfied that there is no longer a likelihood of a breach of peace.
What powers does a receiver appointed by the Magistrate have?
The receiver has all the powers of a receiver appointed under the Code of Civil Procedure, 1908, subject to the control of the Magistrate.
What happens if a Civil Court appoints a receiver after the Magistrate has?
The Magistrate will order the receiver he appointed to hand over possession to the Civil Court's receiver and will discharge his own receiver.
Example
- A dispute arises over the ownership of a piece of land.
- The Executive Magistrate determines there is potential for a breach of peace.
- He attaches the land and appoints a receiver to manage it until a Court decides the rightful owner.
- Later, if a Civil Court appoints its own receiver, the Magistrate's receiver will hand over control as per the law.
Summary
Section 165 provides a mechanism for the Magistrate to ensure peace during disputes over property by attaching the subject of the dispute and appointing a receiver if needed. It outlines the conditions under which these actions can be taken and the procedures for handling any subsequent appointments by Civil Courts.
