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.
