BNSS Section 167: Local inquiry
Code:
This section deals with local inquiry conducted by Magistrates for the purposes of sections 164, 165, and 166 of the BNSS, which relate to recording confessions, examination of witnesses, and obtaining evidence from persons who are unable to appear in court.
Explanation:
When a local inquiry is deemed necessary under sections 164, 165, or 166, the District Magistrate or Sub-divisional Magistrate can delegate this task to a subordinate Magistrate. The delegating authority can provide written instructions to guide the subordinate Magistrate and determine who bears the expenses of the inquiry. The report submitted by the subordinate Magistrate can be admitted as evidence in the case.
Illustration:
Suppose a witness is unable to travel to the court due to medical reasons, and their testimony is crucial for a case under investigation. The investigating officer may request a local inquiries under section 164 to record the witness’s statement at their location. The District Magistrate can then depute a Magistrate to conduct the inquiry, providing instructions regarding the witness’s condition and the specific details to be recorded. The report of the subordinate Magistrate will then be considered evidence in the case.
Common Questions and Answers:
Q: What is the purpose of local Inquiries under this section?
A: The purpose is to facilitate the recording of evidence, examination of witnesses, or obtaining confessions. This includes situations where it is impractical or impossible for the individuals involved to appear in court. This helps ensure that crucial evidence is gathered and considered in the case.
Q: Who can order local Inquiries ?
A: Only the District Magistrate or the Sub-divisional Magistrate has the authority to order a local inquiry.
Q: Who can conduct local Inquiries?
A: The District Magistrate or Sub-divisional Magistrate can delegate the task to any subordinate Magistrate.
Q: What happens to the report of the subordinate Magistrate?
A: The report is submitted as evidence in the case and can be read by the court.
