Section 159 BNSS: Power of Magistrate to furnish written instructions, etc (Formerly Section 140 CrPC)

Section 159 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Magistrate to furnish written instructions, etc

Official Bare Act Text

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

(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.

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 159

Section 159 empowers the Magistrate to personally conduct a local inspection of any place or property connected with an inquiry under this Chapter, recording a memorandum of relevant facts observed.

Personal Magisterial Inspection: Presiding Magistrate personally visits the site of the alleged nuisance.
Memorandum of Inspection: Magistrate MUST record a memorandum of any relevant facts observed without unnecessary delay.
Part of Judicial Record: Memorandum forms part of the judicial record; copies furnished to parties upon request.

Key Landmark Precedents:

Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609: The Supreme Court held that local inspections by judges are intended to appreciate evidence on record, not to substitute the judge's personal observation for oral sworn testimony.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Recognised the utility of personal magisterial spot visits in evaluating urban drainage and sanitation conditions.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the Magistrate draws up the inspection memo immediately after the visit. If the Magistrate observed facts on site but failed to place a written memo on record, object to reliance on unrecorded impressions.