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A police report says a dispute over actual possession of land is likely to cause a breach of the peace.…

Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 entrusts this preventive proceeding to an Executive Magistrate. It concerns actual possession for the purpose of…

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A police report says a dispute over actual possession of land is likely to cause a breach of the peace. Under section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which authority conducts the preventive possession inquiry within its local jurisdiction?

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Answer and explanation

Correct answer B

Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 entrusts this preventive proceeding to an Executive Magistrate. It concerns actual possession for the purpose of preserving the peace and does not determine the merits of the parties’ rights to possess.

Option feedback

Option A

Section 164 assigns this inquiry to the Executive Magistrate.

Option B

The Executive Magistrate acts on a police report or other information and examines actual possession for this preventive purpose.

Option C

A civil court can adjudicate civil rights in an appropriate suit. The preventive inquiry in section 164 has a different statutory forum.

Option D

The police may supply a report. The Executive Magistrate makes the order and conducts the inquiry.

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