Code: Section 159 BNSS
- (1) Where the Magistrate directs a local investigation by any person under Section 158 BNSS, 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 BNSS, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.
Explanation of Section 159 BNSS
Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) supplements the provisions of Section 158 BNSS by granting the Magistrate additional powers regarding local investigations and expert examinations.
Key Provisions
- Guidance for Investigators: The Magistrate can issue written instructions to the appointed investigator, ensuring clarity in the scope and method of inquiry.
- Allocation of Expenses: The Magistrate decides who will bear the cost of the local investigation or expert examination.
- Use of Reports as Evidence: Any report submitted by the investigator can be used as evidence in court proceedings.
- Cost Determination for Expert Examination: If an expert is summoned, the Magistrate has the authority to decide who should pay for their appearance and analysis.
This provision ensures transparency and efficiency in legal inquiries where external investigations or expert opinions are required.
Illustration
Example 1: Boundary Dispute Investigation
A Magistrate orders a surveyor to inspect a disputed land boundary under Section 158 BNSS. Under Section 159(a), the Magistrate provides written instructions detailing the aspects to be examined and reported. The cost of the investigation is assigned to the disputing parties as per Section 159(b).
Example 2: Environmental Damage Case
In a case where a factory is accused of polluting a river, the Magistrate appoints an environmental expert to analyze the water quality. Under Section 159(3), the Magistrate orders the factory owner to bear the cost of the expert’s examination and report.
Common Questions and Answers on Section 159 BNSS
What is the purpose of Section 159 BNSS?
It ensures that investigations and expert examinations ordered under Section 158 BNSS are properly guided, documented, and financially accounted for.
Can an investigator’s report be challenged in court?
Yes. The opposing party can question the methodology, accuracy, or impartiality of the report through cross-examination or by presenting counter-evidence.
Who decides the expenses of local investigations and expert examinations?
The Magistrate decides and assigns the costs to the concerned parties based on the case’s circumstances.
Can a Magistrate refuse to summon an expert if the party cannot afford it?
No, but the Magistrate can direct the government or an appropriate authority to bear the cost if required for justice.
Conclusion
Section 159 BNSS enhances the legal framework for local investigations and expert involvement by ensuring clear instructions, financial accountability, and evidentiary value for investigative reports. This provision strengthens the effectiveness of Section 158 BNSS and ensures procedural clarity in complex cases requiring technical or factual verification.
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