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Under section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an Executive Magistrate starts…

The ordinary reference point is the date of the preliminary order. Section 164(4) allows qualifying recent forcible and wrongful dispossession to be treated as possession at…

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Under section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an Executive Magistrate starts proceedings over a land dispute likely to cause a breach of the peace. Which issue is the Magistrate to determine?

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Answer and explanation

Correct answer B

The ordinary reference point is the date of the preliminary order. Section 164(4) allows qualifying recent forcible and wrongful dispossession to be treated as possession at that point.

The resulting order protects possession until eviction in due course of law.

Option feedback

Option A

The proceeding does not adjudicate legal title.

Option B

Section 164 directs an inquiry into actual possession, subject to the rule on recent forcible and wrongful dispossession.

Option C

The Magistrate decides possession without reference to the merits of a claim to a right to possess.

Option D

Section 164 provides for a preventive possession order, not an award of damages for trespass.

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