Law4u - Made in India

What Is BNSS Section 159?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 159: Power of Magistrate to furnish written instructions, etc.

(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.

Brefe Detail

This section outlines the powers of a Magistrate when directing a local investigation. It allows the Magistrate to provide written instructions to the investigator and determine who will cover the investigation expenses. Additionally, it states that the investigator's report can be used as evidence in court, and it covers the costs associated with summoning and examining an expert.

Question & Answers

What is the role of the Magistrate in local investigations under section 159?

The Magistrate can direct a local investigation and provide written instructions to the investigator.

Can the report of the investigator be used in court?

Yes, the report may be read as evidence in the case.

Who decides the payment for the local investigation expenses?

The Magistrate can declare who will pay the whole or part of the expenses.

What happens when an expert is summoned?

The Magistrate can direct who will pay for the costs of summoning and examining the expert.

Example

  • If a Magistrate directs a local investigation into a traffic accident, he may provide the investigator with written guidelines on what to examine.
  • The investigator's findings can be submitted as evidence in court to support a case regarding the accident.
  • If an expert witness is called to testify about the accident, the Magistrate will determine who is responsible for paying that expert's fees.

Summary

Section 159 grants the Magistrate the authority to guide local investigations through written instructions and to manage the financial aspects associated with those investigations, including costs for expert testimonies. It ensures that the findings from the investigations can be used as evidence in legal proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Gaurav Gupta

Advocate Gaurav Gupta

Anticipatory Bail, Civil, Child Custody, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Aman Kumar Gupta

Advocate Aman Kumar Gupta

Breach of Contract, Banking & Finance, Court Marriage, Medical Negligence, Documentation, Criminal

Get Advice
Advocate Ramesh Chand Azad

Advocate Ramesh Chand Azad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law, R.T.I

Get Advice
Advocate Ravi

Advocate Ravi

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Insurance, Labour & Service, R.T.I, Recovery

Get Advice
Advocate Vikram Nalawade

Advocate Vikram Nalawade

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Corporate, Criminal, Divorce, Family, Recovery, Succession Certificate, Insurance, Banking & Finance, Bankruptcy & Insolvency

Get Advice
Advocate Narendra Sharma

Advocate Narendra Sharma

Banking & Finance, Consumer Court, Divorce, Family, Insurance, Criminal, Cheque Bounce, Court Marriage, Medical Negligence, Motor Accident

Get Advice
Advocate Gundelli Rajasekar

Advocate Gundelli Rajasekar

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Ajay Kumar Mishra

Advocate Ajay Kumar Mishra

Labour & Service, GST, Consumer Court, Corporate, Banking & Finance

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.