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 (5 of 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.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier Section 146 of the CrPC, itself rooted in 19th-century colonial-era codes) designed to prevent violence over property disputes. When two sides fight over land or water and it isn't clear who is in possession, leaving the property unguarded could lead to clashes. So instead of deciding who owns it — which only a civil court can properly do — the Magistrate steps in only to freeze the situation, safeguard the property, and keep the peace until the civil court sorts out the real legal rights.
How courts read it
Courts have consistently emphasized that this power is preventive and temporary, not a substitute for a civil court's decision on ownership or title. Judges have cautioned Magistrates to use attachment only when genuinely necessary — for real emergencies or real uncertainty about possession — and not as a routine step. The provision has also been read to mean that once a civil court appoints its own receiver, the Magistrate's role must end promptly, respecting the civil court's primary authority over property rights.
Common misconceptions
- Myth: The Magistrate decides who owns the property under this section.
Fact: The Magistrate only manages the property temporarily to prevent violence; only a civil court can decide actual ownership or legal possession rights. - Myth: Once attached, the property stays under the Magistrate's control forever.
Fact: The attachment is meant to be temporary — it ends once a civil court decides the rights, or earlier if the Magistrate finds there's no more risk of violence.