Site navigation

A dispute over actual possession of land is likely to cause a breach of the peace. Who may initiate the…

Section 164(1) assigns the proceeding to an Executive Magistrate satisfied that the local dispute is likely to cause a breach of the peace. The inquiry concerns actual…

Choose your answer

A dispute over actual possession of land is likely to cause a breach of the peace. Who may initiate the preventive proceeding under Section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Select one answer
Answer and explanation

Correct answer B

Section 164(1) assigns the proceeding to an Executive Magistrate satisfied that the local dispute is likely to cause a breach of the peace. The inquiry concerns actual possession. The resulting declaration protects possession until eviction in due course of law under subsection (6).

Option feedback

Option A

Section 164(1) confers this preventive power on an Executive Magistrate.

Option B

Section 164(1) names the Executive Magistrate with jurisdiction over the locality and the specified satisfaction about the risk of a breach of the peace.

Option C

A police officer may report the dispute. The Executive Magistrate makes the statutory order.

Option D

A civil court may adjudicate title or possession in a civil proceeding, but it does not initiate the preventive proceeding under Section 164.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic