Section 159 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Power Of Magistrate To Furnish Written Instructions, Etc.

Power Of Magistrate To Furnish Written Instructions, Etc.

Code:

(1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may— (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

Explanation of Section 159:

1. Subsection (1):
   • Local Investigation: A Magistrate, upon receiving information of an offense (usually through a police report under Section 158), may order a local investigation by appointing any person, such as a police officer or other designated authority.
   • Guidance and Expenses: The Magistrate has the power to:
     • Provide written instructions to guide the person conducting the investigation.
     • Determine and declare who will bear the costs of conducting the investigation. The expenses could be imposed on any party, such as the prosecution, the accused, or the complainant.
2. Subsection (2):
   • Report as Evidence: The report generated from the local investigation can be used as evidence in court. However, this evidence may be subject to cross-examination or scrutiny.
3. Subsection (3):
   • Expert Examination: If the Magistrate calls an expert (such as a forensic scientist or medical professional) for examination under Section 158, the costs of summoning and examining this expert can be directed to be paid by any party involved in the case.

Illustrations:

1. Illustration 1:
   • A Magistrate receives a police report stating that there is a land dispute with allegations of illegal construction. To verify the facts, the Magistrate orders a local police officer to conduct a site inspection and submit a report. The Magistrate directs the complainant to bear the expenses for this investigation.
2. Illustration 2:
   • In a case of a road accident, the Magistrate directs an automobile expert to inspect the vehicle involved to assess the mechanical condition. The expert submits their findings in a report, which is then used as evidence during the trial. The Magistrate orders that the accused pays the expert’s fees as the accident was caused by his vehicle.

Common Questions & Answers:

1. Q: Who can be appointed to carry out a local investigation under Section 159?
   • A: Any person deemed suitable by the Magistrate, including a police officer or an independent investigator, can be appointed to conduct the local investigation.
2. Q: Can the report from the local investigation be challenged in court?
   • A: Yes, the report can be challenged by either party in the case. The person who prepared the report may also be called for cross-examination.
3. Q: Who decides who bears the cost of the investigation or the expert’s examination?
   • A: The Magistrate has the discretion to decide who will bear the cost, and it can be imposed on any party, including the complainant, accused, or the state.
4. Q: Is the report of the local investigation treated as conclusive evidence?
   • A: No, the report is not treated as conclusive. It is only part of the evidence and can be subjected to examination, verification, and rebuttal by both parties in the case.
5. Q: Can the expenses of the investigation be split between the parties?
   • A: Yes, the Magistrate can declare that the expenses be borne by more than one party, depending on the circumstances of the case.