Section 167 BNSS 2023 - Local Inquiry

Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a local inquiry that may be ordered for proceedings under Sections 164, 165 or 166. It empowers the District Magistrate or Sub-divisional Magistrate to depute a subordinate Magistrate to make the inquiry, permits written directions regarding how the inquiry is to be conducted, and allows allocation of the inquiry expenses.

In simple terms: where a land or water dispute proceeding under Sections 164 to 166 requires facts to be checked locally, a subordinate Magistrate may be deputed to conduct the inquiry. The resulting report may be read as evidence, and the deciding Magistrate may also allocate reasonable proceeding costs.

Text of Section 167 BNSS - Local inquiry

167. (1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable.

What Section 167 applies to

The local inquiry power is linked specifically to proceedings under the three immediately preceding provisions:

Provision	Subject	Connection with Section 167
Section 164	Dispute concerning land or water likely to cause breach of peace	A local inquiry may help verify physical possession, location or other locally ascertainable facts relevant to the proceeding.
Section 165	Power to attach the subject of dispute and appoint a receiver	The Magistrate may require local factual verification before or during exercise of the preventive jurisdiction.
Section 166	Dispute concerning right of use of land or water	A local inquiry may assist in identifying the place, route, water source, access or other facts relevant to the asserted right of user.

Who may order a local inquiry?

The power under Section 167(1) is given to a District Magistrate or a Sub-divisional Magistrate. Either may depute a Magistrate subordinate to him to make the local inquiry.

Written instructions and inquiry expenses

The Magistrate ordering the inquiry may provide written instructions for the guidance of the Magistrate who conducts it. The order may also specify who must bear the whole or any part of the necessary inquiry expenses.

Can the local inquiry report be used as evidence?

Yes. Section 167(2) expressly provides that the report of the person deputed to make the inquiry may be read as evidence in the case. The provision therefore gives the report an evidentiary role within the pending proceeding.

Power to award costs under Section 167(3)

Where a party has incurred costs in proceedings under Sections 164, 165 or 166, the Magistrate who passes the decision may determine who must pay those costs. The liability may be imposed wholly, partly or proportionately. Reasonable expenses relating to witnesses and advocates' fees may also be included.

Purpose of a local inquiry

A local inquiry is a fact-finding aid in preventive proceedings concerning land or water disputes. It enables the Magistrate dealing with the proceeding to obtain a locally verified report instead of relying only on competing assertions made by the parties.

It is available only when a local inquiry is considered necessary for a proceeding under Section 164, 165 or 166.
The inquiry is made by a subordinate Magistrate deputed for that purpose.
The deputing authority may issue written instructions.
The resulting report may be read as evidence.
The deciding Magistrate may allocate reasonable costs between the parties.

Important distinction: Section 167 of the BNSS concerns local inquiry. It should not be confused with Section 167 of the former Code of Criminal Procedure, 1973, which dealt with the procedure when investigation could not be completed within twenty-four hours. Section numbers under the BNSS do not necessarily correspond to the same subject under the CrPC.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the commencement date for its provisions, subject to the notified exception relating to the First Schedule entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

Last reviewed: 11 September 2026.