Section 159 BNSS: Power of Magistrate to furnish written instructions, allocate expenses and deal with expert costs
Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023 supplements the local-investigation and expert powers provided by Section 158. It enables the Magistrate to give written instructions to the person conducting a local investigation, decide who will bear investigation expenses, treat the investigator's report as evidence, and allocate the costs of summoning and examining an expert.
Section 159 BNSS - statutory text
159. (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.
What Section 159 BNSS means
Section 159 regulates the practical consequences of using the powers in Section 158 BNSS. It deals with four connected matters: guidance for a local investigator, allocation of investigation expenses, evidentiary use of the investigator's report, and allocation of expert costs.
| Provision | Power of Magistrate | Practical effect |
|---|---|---|
| Section 159(1)(a) | Give written instructions to the person conducting the local investigation | Defines or guides the matters to be examined during the investigation |
| Section 159(1)(b) | Decide who must pay all or part of the necessary investigation expenses | Allocates financial responsibility for the local investigation |
| Section 159(2) | Permit the investigator's report to be read as evidence | The report becomes material that may be considered in the case |
| Section 159(3) | Decide who must pay the costs of summoning and examining an expert | Allocates expert-related costs |
Written instructions for local investigation
When a local investigation is ordered under Section 158, the Magistrate may provide written instructions that appear necessary for the investigator's guidance. These instructions can help identify the issues to be examined and keep the investigation focused on matters relevant to the pending inquiry.
The section uses the word "may," so furnishing written instructions is a statutory power available to the Magistrate where guidance is considered necessary.
Who pays the expenses of local investigation?
Section 159(1)(b) authorises the Magistrate to declare who must pay the whole or any part of the necessary expenses of the local investigation. The section therefore allows the Magistrate to allocate responsibility for those expenses rather than leaving that issue unresolved.
Can the local-investigation report be used as evidence?
Yes. Sub-section (2) expressly provides that the report of the person who conducted the local investigation may be read as evidence in the case. The provision therefore gives the report an evidentiary role in the proceedings.
The wording is permissive: the report "may be read as evidence." Its weight and relevance will depend on the facts, the contents of the report, the issues under inquiry, and the applicable rules of evidence and procedure.
Who pays the costs of expert examination?
Where the Magistrate summons and examines an expert under Section 158, sub-section (3) authorises the Magistrate to direct who must bear the costs of that summoning and examination.
This is distinct from local-investigation expenses under sub-section (1)(b). Section 159 separately addresses the financial consequences of the two investigative tools available under Section 158.
Relationship with Section 158 BNSS
Section 158 BNSS empowers the Magistrate, for an inquiry under Section 156 or Section 157, either to direct a local investigation or to summon and examine an expert. Section 159 then provides the supporting procedural powers needed to manage those steps.
Relationship with Sections 156 and 157 BNSS
The local investigation or expert examination contemplated by Sections 158 and 159 arises in connection with:
- Section 156 BNSS, where the existence of a relevant public right is denied; and
- Section 157 BNSS, where the person against whom a Section 152 order has been made appears and shows cause.
Practical points under Section 159
- The Magistrate may give written guidance to the person conducting the local investigation.
- The Magistrate may decide who bears all or part of the necessary local-investigation expenses.
- The local-investigation report may be read as evidence in the case.
- Where an expert is summoned and examined, the Magistrate may allocate the related costs.
- Section 159 should be read together with Sections 156, 157 and 158.
Official legal sources
The official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through the Ministry of Home Affairs and India Code. 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 Magistrate's written instructions, local-investigation report, directions concerning expenses, expert evidence, and relevant judicial decisions should be examined.