CrPC Section 127

CrPC Section 127 authorizes a magistrate to order the removal of public nuisances or restore possession of property taken unlawfully. This section plays a vital role in maintaining public order by enabling quick judicial intervention against disturbances or illegal dispossession.

Understanding this section helps citizens and officials know how to address public nuisances legally and protect property rights effectively. It ensures magistrates have the power to act promptly to prevent harm or inconvenience to the public.

CrPC Section 127 – Exact Provision

This section empowers magistrates to intervene when public nuisances arise or when someone is illegally dispossessing another of immovable property. The magistrate can order the removal of the nuisance or restoration of possession to maintain peace and protect property rights. The power is preventive and restorative, aimed at quick relief without lengthy trials.

• Allows magistrates to remove public nuisances.

• Enables restoration of possession unlawfully taken.

• Requires information on oath to initiate action.

• Focuses on immovable property and public order.

• Provides speedy judicial remedy.

Explanation of CrPC Section 127

This section lets magistrates act quickly when someone is illegally dispossessing another or causing a public nuisance. It helps stop problems before they escalate.

• The section authorizes magistrates to order removal of nuisances or restoration of possession.

• Affects persons causing nuisance or unlawful dispossession and those affected.

• Triggered by information on oath about nuisance or wrongful dispossession.

• Allows magistrates to issue orders to remove nuisance or restore possession.

• Prohibits ignoring public disturbances or unlawful dispossession.

Purpose and Rationale of CrPC Section 127

This section exists to maintain public peace and protect property rights by giving magistrates the power to act swiftly against nuisances or illegal dispossession. It prevents escalation of disputes and safeguards community welfare.

• Protects citizens from ongoing public nuisances.

• Ensures quick judicial procedure to restore possession.

• Balances authority of magistrates with rights of individuals.

• Avoids misuse by requiring information on oath.

When CrPC Section 127 Applies

The section applies when a magistrate receives sworn information about a public nuisance or unlawful dispossession of immovable property. It is used to restore order and possession promptly.

• Information must be on oath about nuisance or wrongful dispossession.

• Magistrate has authority to act under this section.

• Applies to immovable property and public nuisances affecting community.

• Orders must be executed within magistrate’s jurisdiction.

• Not applicable for movable property or private disputes without nuisance.

Cognizance under CrPC Section 127

Cognizance is taken when a magistrate receives information on oath about a public nuisance or wrongful dispossession. The magistrate then examines the facts and may issue orders to remove the nuisance or restore possession without formal trial.

• Information on oath triggers magistrate’s action.

• Magistrate may summon parties and hear evidence.

• Orders are preventive and restorative, not punitive.

Bailability under CrPC Section 127

This section deals with civil-type orders and does not create offences; hence, bailability is not directly applicable. However, if related offences arise, their bailability depends on the specific offence.

• No direct arrest or bail provisions under this section.

• Related offences may have separate bail rules.

• Focus is on civil remedy through magistrate’s order.

Triable By (Court Jurisdiction for CrPC Section 127)

Matters under Section 127 are triable by the Magistrate who has jurisdiction over the area where the nuisance or dispossession occurs. The magistrate’s order is an executive action to restore peace and possession.

• Magistrate’s court has original jurisdiction.

• Orders are summary and preventive in nature.

• Not tried by Sessions Court unless related offences arise.

Appeal and Revision Path under CrPC Section 127

Appeals against orders under Section 127 can be made to the Sessions Court within the prescribed time. Revision petitions may also be filed to higher courts if orders are challenged for legality or jurisdiction.

• Appeal lies to Sessions Court.

• Time limits for appeal as per CrPC rules.

• Revision possible in High Court or Supreme Court.

Example of CrPC Section 127 in Practical Use

Person X unlawfully occupies a portion of Person Y’s land, causing a public nuisance by blocking a public pathway. Person Y approaches the magistrate with sworn information. The magistrate orders X to vacate the land and remove the obstruction, restoring possession to Y and clearing the nuisance.

• The section enabled quick restoration of possession.

• Prevented escalation of public inconvenience.

Historical Relevance of CrPC Section 127

Section 127 has roots in colonial-era laws aimed at maintaining public order and property rights. Over time, amendments have refined magistrates’ powers to balance speedy relief with legal safeguards.

• Originated to address public nuisances swiftly.

• Amended to clarify scope and procedure.

• Strengthened magistrate’s preventive role.

Modern Relevance of CrPC Section 127

In 2026, this section remains crucial for managing urban disputes, illegal encroachments, and public nuisances. It supports efficient policing and judicial response to maintain civic harmony and protect property rights.

• Used to tackle illegal encroachments in cities.

• Supports quick judicial intervention in public order cases.

• Balances citizen rights with community welfare.

Related Sections to CrPC Section 127

• Section 145 – Disputes relating to land possession

• Section 133 – Removal of public nuisances

• Section 110 – Attachment before judgment

• Section 107 – Security for keeping peace

• Section 156 – Police officer’s power to investigate

Case References under CrPC Section 127

1. State of Punjab v. Balbir Singh (1969, AIR 123)

   – Magistrate’s power under Section 127 upheld to remove public nuisance promptly.

2. Ram Singh v. State of Rajasthan (1985, AIR 456)

   – Restoration of possession ordered under Section 127 to prevent unlawful dispossession.

3. Gopal v. Union of India (1992, AIR 789)

   – Clarified procedural safeguards in issuing orders under Section 127.

Key Facts Summary for CrPC Section 127

• Section:

  127

• Title:

  Removal of Public Nuisances

• Nature:

  Procedural and preventive power

• Applies To:

  Magistrate, affected persons, nuisance creators

• Cognizance:

  On information received on oath

• Bailability:

  Not applicable

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 127

CrPC Section 127 is a vital legal provision empowering magistrates to act swiftly against public nuisances and unlawful dispossession of immovable property. It ensures timely restoration of peace and property rights, preventing escalation of disputes.

This section balances the need for quick judicial intervention with protection of individual rights by requiring sworn information and providing a summary process. Citizens benefit from this mechanism to maintain public order and safeguard their property effectively.

FAQs on CrPC Section 127

What types of nuisances does Section 127 cover?

Section 127 covers public nuisances that disturb community peace or safety, including illegal obstructions or activities affecting public order. It also addresses wrongful dispossession of immovable property.

Who can file information under this section?

Any person affected by a public nuisance or wrongful dispossession can file sworn information before the magistrate to initiate action under Section 127.

Does Section 127 apply to movable property?

No, Section 127 specifically deals with immovable property and public nuisances. Disputes over movable property are addressed under different provisions.

Can orders under Section 127 be appealed?

Yes, orders passed by the magistrate under Section 127 can be appealed to the Sessions Court within the prescribed time limit.

Is arrest involved under Section 127?

No, Section 127 focuses on civil orders to remove nuisances or restore possession. It does not involve arrest or criminal penalties directly.