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 K R Udayakumar

Advocate K R Udayakumar

Divorce, Family, Criminal, Landlord & Tenant, Motor Accident, Muslim Law, Documentation, Domestic Violence, Child Custody, Cheque Bounce, Breach of Contract, Succession Certificate, Court Marriage, Civil, Banking & Finance

Get Advice
Advocate Anarul Haque

Advocate Anarul Haque

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law

Get Advice
Advocate Gopala Krishna

Advocate Gopala Krishna

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, High Court, Labour & Service, Medical Negligence, NCLT, Supreme Court, Tax

Get Advice
Advocate Ashwini Borude

Advocate Ashwini Borude

Divorce, Family, Domestic Violence, Criminal, Civil, Cheque Bounce, Consumer Court, Documentation, High Court, Wills Trusts, Succession Certificate, Court Marriage, Child Custody, Breach of Contract, Anticipatory Bail

Get Advice
Advocate B D Pappalwad

Advocate B D Pappalwad

Civil, Property, Startup, Revenue, Documentation

Get Advice
Advocate Piyush Singh

Advocate Piyush Singh

Revenue, Wills Trusts, Trademark & Copyright, Supreme Court, Civil, Cyber Crime, Divorce, Family, High Court, Immigration, Insurance, Media and Entertainment, Patent, Property, Startup, RERA, Recovery, Criminal

Get Advice
Advocate Niharika Mursenia

Advocate Niharika Mursenia

Cheque Bounce, Civil, Consumer Court, Cyber Crime, Divorce, Domestic Violence, Family, Child Custody, Court Marriage, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Property, R.T.I, Recovery, RERA

Get Advice
Advocate Alok Pandey

Advocate Alok Pandey

Divorce, Court Marriage, Domestic Violence, Child Custody, Family

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.