Section 159 of BNSS, 2023 — Power of Magistrate to Furnish Written Instructions, etc.

Introduction

Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when a Magistrate directs a local investigation or summons and examines an expert under Section 158.

The provision enables the Magistrate to provide written instructions to the person conducting the local investigation, determine responsibility for the expenses, and allow the investigation report to be read as evidence. It also deals with the costs connected with summoning and examining an expert.

Meaning of Section 159

Section 159 supplements Section 158 BNSS.

While Section 158 gives the Magistrate the power to:

• direct a local investigation; or
• summon and examine an expert,

Section 159 explains certain procedural matters that arise after those powers are exercised.

The section therefore provides a mechanism for controlling the local investigation and dealing with its expenses and evidentiary use.

Statutory Basis

Section 159, BNSS, 2023 — Power of Magistrate to furnish written instructions, etc.

The provision essentially empowers the Magistrate, where a local investigation is directed under Section 158, to:

• furnish written instructions to the person conducting the investigation;
• determine who shall bear the expenses of the investigation;
• permit the investigator’s report to be read as evidence.

It also empowers the Magistrate to determine who shall bear the costs of summoning and examining an expert.

Object and Purpose

The purpose of Section 159 is to provide a procedural framework for the effective exercise of the powers under Section 158.

It ensures that:

• the local investigator receives appropriate guidance;
• the expenses of the investigation can be allocated;
• the local investigation report can be considered as evidence;
• the costs associated with expert examination can be allocated by the Magistrate.

Thus, Section 159 facilitates the practical implementation of Section 158.

Relationship with Section 158

Sections 158 and 159 should be read together.

Section 158 provides the Magistrate with the power to direct a local investigation or summon and examine an expert.

Section 159 deals with the procedural consequences of exercising that power.

This relationship is important for understanding the statutory scheme.

Essential Elements

1. Written Instructions to the Local Investigator

Where the Magistrate directs a local investigation, the Magistrate may furnish the person conducting the investigation with written instructions.

These instructions provide guidance regarding the matters to be investigated.

The purpose is to ensure that the local investigation is directed towards the issues relevant to the inquiry.

2. Determination of Investigation Expenses

The Magistrate may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

Therefore, the provision gives the Magistrate authority to determine responsibility for the expenses connected with the local investigation.

3. Local Investigation Report May Be Read as Evidence

The Magistrate may direct that the report of the person conducting the local investigation may be read as evidence in the case.

This gives the report procedural evidentiary significance within the proceedings.

4. Costs of Expert Examination

Where an expert is summoned and examined under Section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

Thus, the provision deals with both local investigation expenses and expert examination costs.

Written Instructions

Written instructions are intended to guide the person conducting the local investigation.

The investigator is therefore not simply asked to conduct an unrestricted investigation. The Magistrate can specify the matters or questions that are relevant to the inquiry.

This helps keep the local investigation within the scope of the proceedings.

Expenses of Local Investigation

A local investigation may involve expenses.

Section 159 permits the Magistrate to determine who should pay the whole or part of the necessary expenses.

The provision therefore gives the Magistrate flexibility to allocate the financial burden connected with the investigation.

Local Investigation Report as Evidence

One of the most significant features of Section 159 is the provision concerning the report of the local investigator.

The Magistrate may direct that the report may be read as evidence in the case.

This means that the report can be considered as part of the evidentiary material in the proceedings, subject to the statutory framework governing the inquiry.

Expert Examination and Costs

Section 158 permits the Magistrate to summon and examine an expert.

Section 159 deals with the financial aspect of that process.

The Magistrate may direct by whom the costs of summoning and examining the expert shall be paid.

The provision therefore ensures that the costs associated with obtaining expert assistance can be dealt with by an order of the Magistrate.

Powers of the Magistrate under Section 159

The Magistrate may:

• furnish written instructions to the person conducting a local investigation;
• determine responsibility for the whole or part of the necessary expenses of the local investigation;
• permit the local investigation report to be read as evidence;
• determine responsibility for the costs of summoning and examining an expert.

Procedure

The working of Sections 158 and 159 can be understood in the following sequence:

1. The Magistrate is conducting an inquiry under the relevant statutory provisions.
2. The Magistrate considers that local investigation or expert assistance is required.
3. Under Section 158, the Magistrate directs a local investigation or summons and examines an expert.
4. Where a local investigation is ordered, the Magistrate may provide written instructions to the investigator.
5. The Magistrate may determine who will bear the necessary expenses.
6. The local investigator prepares a report.
7. The Magistrate may permit the report to be read as evidence in the case.
8. Where an expert has been summoned and examined, the Magistrate may determine who shall bear the costs of that process.

Important Distinctions

Section 158 and Section 159

Section 158: Confers the power to direct local investigation or summon and examine an expert.

Section 159: Provides the connected procedural framework concerning written instructions, expenses and the use of the local investigation report as evidence.

Local Investigation and Police Investigation

A local investigation under Sections 158 and 159 is not the same as a police investigation into an offence.

The local investigation is undertaken for the purposes of the statutory inquiry before the Magistrate.

Local Investigation Report and Expert Evidence

A local investigation report is prepared by the person directed by the Magistrate to conduct the investigation.

Expert examination, on the other hand, involves a person summoned because specialised knowledge is required.

The two mechanisms serve different purposes.

BNSS and CrPC

Section 159 BNSS corresponds substantially to Section 140 of the Code of Criminal Procedure, 1973.

The basic procedural framework has been retained under the BNSS.

The corresponding provision under the CrPC dealt with the Magistrate’s power to furnish written instructions, determine expenses, permit the local investigation report to be read as evidence and determine the costs of summoning and examining an expert.

Under the BNSS, the provision is renumbered as Section 159 and operates alongside Section 158.

The principal change is therefore the statutory renumbering and corresponding restructuring of the provisions.

Relationship with BNS and BSA

Section 159 is a procedural provision under the BNSS.

The Bharatiya Nyaya Sanhita, 2023 deals primarily with substantive criminal offences, while the Bharatiya Sakshya Adhiniyam, 2023 deals with the law of evidence.

Section 159 itself specifically provides for the local investigation report to be read as evidence within the statutory inquiry. The broader rules governing admissibility and appreciation of evidence are subject to the applicable law of evidence.

Example

Suppose a Magistrate is conducting an inquiry concerning an alleged public nuisance and directs a local investigation under Section 158.

The Magistrate may provide written instructions specifying what the investigator should examine.

The Magistrate may also determine who should bear the expenses of the investigation.

After completing the investigation, the investigator submits a report. The Magistrate may permit that report to be read as evidence in the case.

If the Magistrate instead summons an expert under Section 158, the Magistrate may determine who shall bear the costs of summoning and examining that expert.

Important BNSS Provisions

• Section 152: Conditional order for removal of nuisance.
• Section 156: Procedure where existence of public right is denied.
• Section 157: Procedure where the person against whom the order is made appears to show cause.
• Section 158: Power of Magistrate to direct local investigation and examination of an expert.
• Section 159: Power of Magistrate to furnish written instructions and related matters.
• Section 160: Procedure on order being made absolute and consequences of disobedience.

Topic at a Glance

• Topic: Power of Magistrate to furnish written instructions, etc.
• BNSS Section: Section 159
• Nature: Procedural provision
• Related provision: Section 158
• Written instructions: May be furnished to the person conducting the local investigation
• Expenses: Magistrate may determine responsibility for necessary expenses
• Local investigation report: May be read as evidence in the case
• Expert examination: Magistrate may determine responsibility for the costs of summoning and examination
• CrPC counterpart: Section 140 CrPC

Common Confusions

Does Section 159 itself authorise a local investigation?

Section 158 provides the power to direct the local investigation.

Section 159 deals with the procedure and consequences connected with that investigation.

Can the Magistrate give instructions to the local investigator?

Yes.

The Magistrate may furnish written instructions to the person conducting the local investigation.

Can the local investigation report be read as evidence?

Yes.

Section 159 provides that the Magistrate may direct that the report of the person conducting the local investigation may be read as evidence in the case.

Who pays for the local investigation?

The Magistrate may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

Who pays for an expert’s examination?

Where an expert is summoned and examined under Section 158, the Magistrate may direct by whom the costs of the summoning and examination shall be paid.

Quick Revision

• Section 159 BNSS deals with the Magistrate’s power to furnish written instructions and related matters.
• It operates in connection with Section 158 BNSS.
• The Magistrate may give written instructions to the person conducting a local investigation.
• The Magistrate may determine who will bear the whole or part of the necessary expenses of the local investigation.
• The local investigation report may be read as evidence in the case.
• The Magistrate may determine who will bear the costs of summoning and examining an expert.
• Section 158: Power to direct local investigation or summon and examine an expert.
• Section 159: Procedure concerning instructions, expenses and the local investigation report.
• CrPC counterpart: Section 140 CrPC.

ALSO READ: Section 158 – Power of Magistrate to direct local investigation and examination of an expert

Conclusion

Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural framework accompanying the Magistrate’s power under Section 158. It enables the Magistrate to guide a local investigation through written instructions, allocate its expenses, and permit the resulting report to be read as evidence. It also permits the Magistrate to determine responsibility for the costs of summoning and examining an expert.

The provision therefore ensures that local investigation and expert assistance ordered during the statutory inquiry can be carried out in an organised and procedurally regulated manner.