Section 158 BNSS: Power of Magistrate to direct local investigation and examination of an expert (Formerly Section 139 CrPC)

Section 158 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Magistrate to direct local investigation and examination of an expert

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Magistrate may, for the purposes of an inquiry under section 156 or section 157—

(a) direct a local investigation to be made by such person as he thinks fit; or

(b) summon and examine an expert.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 158

Section 158 empowers the Magistrate, for the purpose of an inquiry under Section 155 or Section 156, to direct a local investigation to be made by such person as they think fit, or summon and examine an expert.

Local Investigation Power: Appointing an advocate commissioner, revenue officer, or engineer to inspect the site.
Expert Examination: Summoning and examining scientific, medical, or pollution experts.
Evidentiary Value of Report: Report of the commissioner or expert may be read as evidence in the inquiry.

Key Landmark Precedents:

Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: The Supreme Court commended the use of on-site inspections and engineering reports by magistrates to devise workable municipal remedies.
State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: Affirmed that expert pollution reports form the objective foundation for environmental nuisance adjudication.

Courtroom Practice & Strategic Litigation Guidance:

Move an application under Section 158 requesting an independent local commissioner (e.g., PWD engineer or advocate) to conduct a spot inspection, exposing misleading claims made in the police report.