Section 165 BNSS: Power to attach subject of dispute and to appoint receiver (Formerly Section 145 CrPC)

Section 165 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to attach subject of dispute and to appoint receiver

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 165

Section 165 empowers the Magistrate, if they consider the case to be one of emergency, or if they decide that none of the parties was in possession, or are unable to decide possession, to attach the subject of dispute and appoint a receiver (replacing Section 146 CrPC).

Three Grounds for Attachment: Invoked if: (1) case of acute emergency; (2) neither party was in possession; or (3) unable to determine who was in possession.
Appointment of Receiver: Court attaches property and may appoint a receiver to manage crops, rents, or operations.
Civil Court Determination: Attachment continues until a competent civil court determines the rights of the parties or the person entitled to possession.

Key Landmark Precedents:

Mathuralal v. Bhanwarlal (1979) 4 SCC 665: The Supreme Court held that the magistrate does not lose jurisdiction upon attaching property under emergency; the inquiry under Section 145 (Section 164 BNSS) can continue to determine possession.
Ashok Kumar v. State of Uttarakhand (2013) 3 SCC 396: Reiterated that emergency attachment under Section 146 CrPC (Section 165 BNSS) should not be passed routinely when civil courts are seized of the matter.

Courtroom Practice & Strategic Litigation Guidance:

If the SDM attaches property under emergency, immediately move an application before the civil court for appointment of a civil receiver under Order XL Rule 1 CPC. Under Section 165(2), once a civil court appoints a receiver, the magistrate must discharge the criminal attachment.