Section 167 BNSS: Local inquiry (Formerly Section 147 CrPC)

Section 167 of Bharatiya Nagarik Suraksha Sanhita, 2023: Local inquiry

Official Bare Act Text

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

(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.

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 167

Section 167 empowers the Magistrate acting under Section 164, 165, or 166 to depute any subordinate Magistrate to make a local inquiry, furnished with necessary written instructions for their guidance.

Subordinate Magistrate Deputation: Deputing a junior magistrate or revenue officer to visit the disputed land.
Written Guidelines: Issuing specific written points for spot verification (possession, boundaries, standing crops).
Evidentiary Value of Report: Report of the deputed officer may be read as evidence in the proceedings.

Key Landmark Precedents:

Mathuralal v. Bhanwarlal (1979) 4 SCC 665: Affirmed that local inquiry reports under Section 148 CrPC (Section 167 BNSS) assist the magistrate in evaluating rival affidavits on actual physical possession.
R.H. Bhutani v. Miss Mani J. Desai AIR 1968 SC 1444: Clarified that while the report is admissible evidence, parties have a right to cross-examine the reporting officer.

Courtroom Practice & Strategic Litigation Guidance:

Always file formal objections to the local inquiry report and summon the reporting officer for cross-examination under Section 167(2) BSA to test the accuracy of the spot panchnama.