Power Of Magistrate To Direct Local Investigation And Examination Of An Expert.
Code:
The Magistrate may, for the purposes of an inquiry under section 156 or section 157—
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.
Explanation: on
Power Of Magistrate To Direct Local Investigation
This section empowers a Magistrate to conduct investigations during inquiries under Sections 156 or 157 of the BNSS.
It authorizes the Magistrate to:
(a) Direct a local investigation: The Magistrate can direct a local investigation by any person they deem appropriate. This could involve appointing a police officer, a forensic expert, or any other qualified individual to conduct the investigation.
(b) Summon and examine an expert: The Magistrate can summon and examine any expert relevant to the inquiry. This allows for the gathering of specialized knowledge and opinions that may be crucial in determining the facts of the case.
Illustration:
Consider a case where a person is accused of theft. The Magistrate, during the inquiry, may decide to:
(a) Direct a local investigation: Appoint a police officer to visit the scene of the crime, collect evidence, and interview witnesses.
(b) Summon and examine an expert: Summon a forensic expert to analyze any fingerprints or other physical evidence found at the crime scene.
Common Questions and Answers: on
Power Of Magistrate To Direct Local Investigation
Q: Who can be appointed for a local investigation?
A: Any person deemed fit by the Magistrate, including police officers, forensic experts, or other qualified individuals.
Q: What kind of experts can be summoned?
A: Any expert whose knowledge is relevant to the inquiry, including medical experts, forensic scientists, handwriting analysts, etc.
Q: Is the Magistrate obligated to order a local investigation or summon an expert?
A: No, the Magistrate has the discretion to order a local investigation or summon an expert based on the specific circumstances of the case.
