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In a land dispute likely to cause a breach of the peace, an Executive Magistrate makes a preliminary…

Section 165(1) permits attachment until a competent court determines who is entitled to possession. The Magistrate may withdraw the attachment if satisfied that a breach of…

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In a land dispute likely to cause a breach of the peace, an Executive Magistrate makes a preliminary order under section 164(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. After completing the inquiry, the Magistrate cannot determine which party was in possession at the relevant time. Which interim measure does section 165(1) expressly permit?

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Answer and explanation

Correct answer A

Section 165(1) permits attachment until a competent court determines who is entitled to possession. The Magistrate may withdraw the attachment if satisfied that a breach of the peace is no longer likely.

Option feedback

Option A

Inability to determine possession is one of the conditions authorizing attachment under section 165(1).

Option B

Section 165(1) gives an attachment power, and inability to determine possession does not itself require dismissal.

Option C

Section 165(1) authorizes attachment and leaves the right to possession to a competent court.

Option D

Section 167 allows a local inquiry when necessary. Section 165(1) does not require reopening an inquiry or local inspection.

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