Available Remedies under Criminal Law for Land Disputes

Land grabbing or unlawful possession of properties is very a common event in Bangladesh that happens every now and then where individuals lose access to the lands which they once used. In such a traumatic situation, a victim must avail for redress under section 145 of the Code of Criminal Procedure, 1898. According to this section, the remedy must be sought in the court of the first executive magistrate. The case regarding land grabbing or unlawful possession of the property must be filed within two months of being threatened with eviction or eventually evicted. Later, the magistrate will issue summons against the opponent, entertain hearing of statements from both the parties and accept evidences and determine the occupier of the disputed property. The victim can also ask the local police to investigate the matter and based on their report, the executive magistrate will determine the legitimate occupier. One shortcoming of section 145 of Code of criminal Procedure of 1898 that majority of the victims are unaware of is that this section only determines the occupant, not the ownership of the property.

Steps to seek refuge in the law

In case of land grabbing or unlawful possession, a victim can also file a petition or complaint under section 145 of the Code of Criminal Procedure, 1898 through a lawyer to the District Magistrate however; all the original documents related to the land must be produced for filing a law suit. The magistrate will study the documents, analyze the facts of the dispute and order the Officer in charge of the concerned police station to investigate the case. Based on the investigation report, the District Magistrate will order the opponents to refrain from all kinds of activities.

Remedy against threat of eviction

If an individual is being threatened with eviction, he or she must lodge a general diary at the concerned police station which will then enable him to file a case to the Executive Magistrate under section 106 of the Code of Criminal Procedure, 1898 through a lawyer.