Section 167 of BNSS, 2023 — Local Inquiry

Introduction

Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the power to conduct a local inquiry in proceedings concerning disputes over land, water, boundaries or rights of user.

The purpose of a local inquiry is to enable the Magistrate to obtain factual information about the situation at the actual location of the dispute.

Section 167 substantially corresponds to Section 148 of the Code of Criminal Procedure, 1973 (CrPC).

It is a procedural and fact-finding provision connected with the preventive proceedings under Sections 164 and 166 BNSS.

Meaning of Local Inquiry

A local inquiry means an inquiry conducted at or concerning the actual place involved in the dispute.

Instead of relying only on:

• written statements;
• oral evidence;
• documents; and
• police reports,

the Magistrate may obtain information by having the disputed place inspected or investigated locally.

The purpose is to assist the Magistrate in understanding the factual situation relevant to the proceedings.

Object and Purpose

The main objectives of Section 167 are:

• to obtain factual information about the disputed property;
• to assist the Magistrate in deciding questions arising under Sections 164 or 166;
• to clarify physical features of the land or water;
• to examine the existence or nature of an alleged right of user;
• to assist in determining possession or use where necessary; and
• to ensure that the Magistrate’s decision is based upon adequate factual material.

The provision is therefore primarily fact-finding and procedural.

Statutory Basis

Section 167 operates in connection with proceedings relating to:

• disputes concerning land or water;
• boundaries of land or water;
• actual possession; and
• alleged rights of user.

It is particularly relevant to proceedings under:

• Section 164 BNSS — Dispute concerning land or water likely to cause breach of peace
• Section 165 BNSS — Attachment of subject of dispute and appointment of receiver
• Section 166 BNSS — Dispute concerning right of use of land or water

Power of the Magistrate

Where the Magistrate considers a local inquiry necessary, the Magistrate may:

• issue a commission for conducting the inquiry; or
• make other arrangements permitted by the provision for obtaining information concerning the disputed subject.

The inquiry is conducted for the purpose of assisting the Magistrate in the proceedings.

Appointment of a Person to Conduct the Inquiry

The Magistrate may appoint a person to conduct the local inquiry.

The person appointed carries out the inquiry in accordance with the directions given by the Magistrate.

The purpose is not to transfer the Magistrate’s judicial or statutory decision-making power.

The person conducting the inquiry merely assists the Magistrate by collecting or reporting relevant factual information.

Commission for Local Inquiry

A local inquiry may be conducted through a commission issued by the Magistrate.

The commission may specify:

• the subject matter of the inquiry;
• the location to be inspected;
• the matters to be examined;
• the information or report required; and
• the manner in which the inquiry is to be conducted.

The appointed person then submits the result of the inquiry to the Magistrate.

Expenses of the Local Inquiry

The Magistrate may make appropriate directions concerning the costs and expenses of the local inquiry.

The expenses may be allocated among the parties in the manner permitted by the provision.

The purpose is to ensure that the person conducting the inquiry is appropriately compensated for the work involved.

Report of the Local Inquiry

The person conducting the local inquiry submits a report to the Magistrate.

The report assists the Magistrate in understanding the factual circumstances of the dispute.

The report is not itself the final decision.

The Magistrate remains responsible for deciding the proceedings after considering the material available.

Evidence and Local Inquiry

A local inquiry supplements the evidence already available before the Magistrate.

The Magistrate may consider:

• written statements;
• oral evidence;
• documents;
• police reports;
• the local inquiry report; and
• other relevant material.

The local inquiry should therefore be understood as an additional fact-finding mechanism, not as a replacement for the ordinary procedural safeguards of the proceedings.

Example

A and B dispute the existence of a right of way over a particular piece of land.

A claims that a pathway has existed and has been regularly used for access to A’s property. B denies the existence of the pathway.

The dispute has created a likelihood of breach of peace.

During proceedings under Section 166, the Magistrate may consider it necessary to obtain factual information about the location.

A local inquiry may be ordered to examine matters such as:

• the physical location of the alleged pathway;
• its dimensions;
• surrounding structures;
• visible signs of use; and
• other relevant physical features.

The resulting report assists the Magistrate in determining the matter.

Relationship with Section 164

Section 164 concerns disputes relating to actual possession of land or water that are likely to cause a breach of peace.

A local inquiry under Section 167 may assist the Magistrate in understanding the physical circumstances relevant to possession.

For example, where two parties claim possession of the same property, a local inquiry may help establish factual matters such as:

• the physical boundaries;
• existing structures;
• cultivation;
• access points; and
• other physical features relevant to the dispute.

Relationship with Section 166

Section 166 concerns an alleged right of user of land or water.

Section 167 may be particularly useful in such proceedings because many rights of user depend upon physical facts.

For example, in a dispute concerning a right of way, a local inquiry may help determine:

• whether a pathway exists;
• its location;
• its physical condition;
• how it connects with surrounding properties; and
• whether an obstruction exists.

Nature of the Power

The power under Section 167 is:

• procedural;
• fact-finding;
• supplementary; and
• connected with preventive proceedings.

It does not give the person conducting the inquiry authority to finally determine:

• ownership;
• title;
• substantive property rights; or
• criminal liability.

Those questions must be determined by the appropriate legal authority.

Important Limitations

1. Local Inquiry Does Not Decide Title

The purpose of the inquiry is to obtain factual information.

It does not authorise the appointed person to determine ownership of the disputed property.

2. The Magistrate Retains Decision-Making Authority

The person conducting the inquiry assists the Magistrate.

The final decision remains with the Magistrate.

3. Inquiry Must Be Relevant

The inquiry must relate to matters relevant to the proceedings.

It should not become an unrestricted investigation into unrelated property or personal matters.

4. It Is Not a Substitute for Civil Proceedings

Where the parties require a final determination of title or substantive civil rights, the appropriate civil proceedings remain available.

Section 167 and Section 164 — Difference

Section 164

• Deals with disputes concerning land, water or boundaries.
• Main concern is actual possession.
• Purpose is prevention of breach of peace.

Section 167

• Provides for local inquiry.
• Helps the Magistrate obtain factual information.
• Supports proceedings under Sections 164 and 166.

Therefore:

Section 164 = Main preventive proceeding

Section 167 = Local fact-finding mechanism

Section 167 and Section 166 — Difference

Section 166

Deals with an alleged right of user of land or water.

Section 167

Provides a mechanism for conducting a local inquiry that may assist the Magistrate in deciding matters arising during such proceedings.

Thus, Section 167 is not itself a separate substantive right. It is a procedural tool.

BNSS and CrPC

Section 167 BNSS substantially corresponds to Section 148 CrPC.

The corresponding provisions are:

Section 145 CrPC → Section 164 BNSS

Section 146 CrPC → Section 165 BNSS

Section 147 CrPC → Section 166 BNSS

Section 148 CrPC → Section 167 BNSS

The basic concept of using a local inquiry to assist the Magistrate in proceedings concerning land, water and rights of user has been retained.

Powers and Duties

Powers of the Magistrate

The Magistrate may:

• order a local inquiry where necessary;
• appoint a person to conduct the inquiry;
• define the subject and scope of the inquiry;
• give directions concerning the manner of inquiry;
• consider the report submitted after the inquiry; and
• make appropriate directions concerning expenses.

Duties of the Person Conducting the Inquiry

The appointed person should:

• conduct the inquiry according to the Magistrate’s directions;
• examine the matters specified in the commission or order;
• collect relevant factual information;
• prepare the required report; and
• submit the report to the Magistrate.

The appointed person does not independently decide the legal rights of the parties.

Common Confusions

Does a local inquiry decide who owns the property?

No.

It is a fact-finding exercise. It does not finally determine ownership or title.

Can the Magistrate order a local inquiry in a right-of-way dispute?

Yes.

Where relevant to proceedings under Section 166, a local inquiry can help establish physical facts concerning the alleged right of user.

Does the person conducting the inquiry become the judge of the dispute?

No.

The person only assists the Magistrate. The final decision remains with the Magistrate.

Is Section 167 an independent property law?

No.

It is a procedural provision supporting proceedings concerning disputes over land, water and rights of user.

Is the local inquiry the same as a civil court inspection?

No.

It is a statutory fact-finding mechanism within the preventive criminal-procedure framework.

Example

A and B are involved in a dispute concerning a narrow strip of land. A claims that the strip forms part of A’s property, while B claims a right to use it as a pathway.

The dispute has created a likelihood of breach of peace.

During the proceedings, the Magistrate considers that the written statements and other evidence do not adequately reveal the physical situation.

The Magistrate may order a local inquiry.

The person appointed may inspect the location and report:

• the physical boundaries;
• existence and position of the pathway;
• any obstruction;
• surrounding structures; and
• other facts relevant to the dispute.

The Magistrate then considers the report along with the other evidence before making the appropriate order.

Topic at a Glance

• Topic: Local inquiry
• BNSS Section: Section 167
• Corresponding CrPC provision: Section 148
• Nature: Procedural and fact-finding
• Purpose: To assist the Magistrate in understanding the local factual situation
• Related provisions: Sections 164, 165 and 166 BNSS
• Main areas: Land, water, boundaries and rights of user
• Method: Local inquiry through an appointed person or commission
• Decision-maker: Executive Magistrate
• Inquiry officer’s role: Fact-finding and reporting
• Title/ownership: Not finally determined through the local inquiry
• Civil rights: Remain subject to determination by the competent civil court

Quick Revision

• Section 167 BNSS deals with local inquiry.
• It substantially corresponds to Section 148 CrPC.
• It is a procedural and fact-finding provision.
• It assists the Magistrate in proceedings concerning land, water, boundaries or rights of user.
• It is particularly connected with Sections 164 and 166 BNSS.
• The Magistrate may order a local inquiry where necessary.
• A person may be appointed to conduct the inquiry.
• The appointed person conducts the inquiry according to the Magistrate’s directions.
• A report is submitted to the Magistrate.
• The report assists the Magistrate but does not itself constitute the final decision.
• The inquiry does not determine ownership or title.
• The appointed person does not become the final decision-maker.
• Section 167 is a supporting procedural mechanism, not an independent method of deciding property rights.

ALSO READ:Section 166 – Dispute concerning right of use of land or water

Conclusion

Section 167 of the BNSS provides a practical fact-finding mechanism for proceedings concerning disputes over land, water and rights of user. Where the Magistrate requires a clearer understanding of the physical circumstances of the dispute, a local inquiry can provide useful factual material. The inquiry assists the Magistrate but does not transfer the Magistrate’s decision-making authority or finally determine ownership or substantive civil rights.