Section 158 BNSS: Power of Magistrate to direct local investigation and examine an expert
Section 158 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the Magistrate additional fact-finding powers during inquiries under Sections 156 and 157. The Magistrate may direct a local investigation by a person considered suitable or may summon and examine an expert where such assistance is useful for deciding the matter.
Section 158 BNSS - statutory text
158. 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.
What Section 158 BNSS means
Section 158 is an enabling provision. It allows the Magistrate to obtain additional factual or technical assistance where the record before the Court is not sufficient for a proper inquiry under Section 156 BNSS or Section 157 BNSS.
| Power | Purpose | How it may assist the inquiry |
|---|---|---|
| Local investigation | To obtain first-hand information about the place, condition, obstruction, nuisance or other physical facts | A person selected by the Magistrate may inspect locally and report on relevant facts |
| Expert examination | To obtain technical or specialised assistance | An expert may be summoned and examined on matters requiring specialised knowledge |
When can a local investigation be directed?
The statutory power is linked specifically to an inquiry under Section 156 or Section 157. A local investigation may be useful where the dispute turns on physical conditions at a site, the nature or extent of an obstruction, access to a way or channel, the existence of a nuisance, or another fact that can be better appreciated through local inspection.
Section 158 leaves the choice of the person who will conduct the local investigation to the Magistrate, using the expression "such person as he thinks fit." The provision therefore gives the Magistrate discretion to select a suitable person for the task.
Power to summon and examine an expert
Clause (b) permits the Magistrate to summon and examine an expert. This may be relevant where the inquiry involves technical, scientific, engineering, medical, environmental or other specialised issues that cannot be adequately assessed only from ordinary factual evidence.
The expert is not merely consulted informally. Section 158 expressly authorises the Magistrate to summon and examine the expert as part of the inquiry.
Relationship with Section 156 BNSS
Section 156 BNSS applies where a conditional order concerns obstruction, nuisance or danger affecting public use of a way, river, channel or place and the person concerned denies the existence of the public right. A local investigation or expert examination under Section 158 may help the Magistrate assess facts relevant to that inquiry.
Relationship with Section 157 BNSS
Section 157 BNSS governs the inquiry when the person against whom an order under Section 152 has been made appears and shows cause. The Magistrate takes evidence as in a summons-case and determines whether the order is reasonable and proper. Section 158 provides additional investigative tools that may assist that determination.
What happens after a local investigation?
The next provision, Section 159 BNSS, supplements Section 158. Where a local investigation is directed, the Magistrate may issue written instructions for the investigator's guidance and decide who is to bear the necessary expenses. Section 159 also provides that the investigator's report may be read as evidence in the case.
Practical significance of Section 158
- It helps the Magistrate obtain objective information about local physical conditions.
- It enables technical questions to be tested through expert evidence.
- It operates only for inquiries under Sections 156 and 157.
- The Magistrate retains discretion over whether a local investigation or expert examination is needed.
- Where local investigation is ordered, Section 159 governs instructions, expenses and evidentiary use of the report.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code and the Ministry of Home Affairs. The Gazette of India records the BNSS as Act No. 46 of 2023, assented to on 25 December 2023.
This page provides general legal information. In an actual proceeding, the complete statutory text, the order under Section 152, material placed in the inquiry, any local-investigation directions, expert evidence, and relevant judicial decisions should be examined.