Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 167: Local Inquiry
(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion, and such costs may include any expenses incurred in respect of witnesses and of pleaders' fees, which the Court may consider reasonable.
Brief Detail
Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for conducting a local inquiry when necessary. It allows a District Magistrate or Sub-divisional Magistrate to appoint a subordinate Magistrate to carry out the inquiry and provides guidelines for expense management. Additionally, it states that the report from the inquiry can be used as evidence, and specifies how costs incurred by parties during the proceedings should be allocated.
Question & Answers
Q1: When is a local inquiry necessary according to Section 167?
A1: A local inquiry is necessary for the purposes of section 164, section 165, or section 166.
Q2: Who can depute a Magistrate to conduct the local inquiry?
A2: A District Magistrate or Sub-divisional Magistrate can depute any subordinate Magistrate to conduct the inquiry.
Q3: Can the report of the appointed Magistrate be used as evidence?
A3: Yes, the report of the person deputed may be read as evidence in the case.
Q4: How are costs incurred during the proceedings handled?
A4: The Magistrate may direct by whom such costs shall be paid, whether by the party incurring the costs or any other party, and this can include expenses for witnesses and pleaders' fees.
Q5: What types of expenses can be included in the costs?
A5: Costs may include expenses incurred in respect of witnesses and pleaders' fees, which the Court may consider reasonable.
Example
- Example of a Local Inquiry: A District Magistrate may appoint a subordinate Magistrate to investigate a complaint under section 164. The appointed Magistrate would follow the instructions provided and submit a report that could be used as evidence in court.
Summary
Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes procedures for local inquiries related to specific sections. It empowers District and Sub-divisional Magistrates to appoint subordinate Magistrates, manage inquiry expenses, and use inquiry reports as evidence. The section also clarifies how costs incurred during proceedings should be allocated among the involved parties.
