Preventive Action and Security for Peace Questions and Answers

Q: Any dispute relating to possession of immovable property is decided by

Such a dispute is decided by the Executive Magistrate.Section 145 Cr.P.C. empowers an Executive Magistrate, when satisfied that a dispute concerning land or water is likely to cause a breach of the peace, to inquire and decide which party was in actual possession, and to maintain that party in possession until evicted by due course of law.The proceeding is preventive, aimed at keeping the peace, so it lies with the Executive Magistrate and not a Judicial Magistrate. Questions of title belong to the civil courts, but the Civil Judge does not act under Section 145.

Section 139 of the Code of Criminal Procedure 1973 is related to which of the following provisions?

A.Power of Magistrate to direct local investigation and examination of an expert.
B.Procedure where he appears to show cause
C.Power of Magistrate to furnish written instructions, etc
D.Procedure on order being made absolute and consequences of disobedience

Exam Year(s)

DSSSB - 2023,

Answer: A

Section 139 of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate to direct local investigation and examination of an expert, in the chapter on public nuisances, where the Magistrate may do so in the course of proceedings on a conditional order.

Section 140 is the power of the Magistrate to furnish written instructions, Section 138 deals with the procedure where the person appears to show cause, and Section 143 with the procedure on the order being made absolute. These neighbouring headings are the other options.

Discuss in Forum

Any dispute relating to possession of immovable property is decided by

A.Judicial Magistrate
B.Executive Magistrate
C.Civil Judge, Senior division
D.None of them

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: B

Such a dispute is decided by the Executive Magistrate.

Section 145 Cr.P.C. empowers an Executive Magistrate, when satisfied that a dispute concerning land or water is likely to cause a breach of the peace, to inquire and decide which party was in actual possession, and to maintain that party in possession until evicted by due course of law.

The proceeding is preventive, aimed at keeping the peace, so it lies with the Executive Magistrate and not a Judicial Magistrate. Questions of title belong to the civil courts, but the Civil Judge does not act under Section 145.

Discuss in Forum

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