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.
Bharatiya Nagarik Suraksha Sanhita
Section 158
Power of Magistrate to direct local investigation and examination of an expert
Englishहिंदी
⚡ Quick Answer Reference: Section 158 BNSS
- Provision: Section 158 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: A Magistrate can order a local investigation to be done by someone they choose, or they can summon an expert to be questioned. This is to help with an inquiry under sections 156 or 157.
Statutory Content
What does Section 158 of BNSS say?
Indian StandardSection 158, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 158 (India)
Court Pleading StandardSection 158 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/158
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 158 of BNSS mean?
Plain English Explanation
A Magistrate can order a local investigation to be done by someone they choose, or they can summon an expert to be questioned. This is to help with an inquiry under sections 156 or 157.
Practical Interpretation
In real practice, this section allows Magistrates to gather more information or expert opinions during an inquiry. They can choose who to investigate or who to question, giving them flexibility in their investigation.
Core Legal Purpose
The core purpose of this section is to empower Magistrates to conduct thorough inquiries by allowing them to direct local investigations and examine experts, as needed.
Key Legal Elements
- •The Magistrate must be conducting an inquiry under section 156 or 157.
- •The Magistrate can choose to direct a local investigation or summon an expert.
- •No specific legal test or threshold standard is mentioned in this section.
- •There are no key exceptions or limitations mentioned in this section.
Practical Example
Practical Example of Section 158 BNSS
Rajesh, a Magistrate, is conducting an inquiry under section 157. He suspects that a local factory is not following safety regulations. Rajesh decides to direct a local investigation to be done by the local health inspector, who will examine the factory's records and equipment. The inspector's report will help Rajesh determine if the factory is indeed violating safety regulations.
Common Questions (FAQ)
Frequently Asked Questions about Section 158 BNSS
Q: What is the punishment or consequence under Section 158 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is related to the Magistrate's inquiry powers.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 158 BNSS
What is Section 158 of BNSS?
Section 158 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Magistrate to direct local investigation and examination of an expert". In plain terms: A Magistrate can order a local investigation to be done by someone they choose, or they can summon an expert to be questioned. This is to help with an inquiry under sections 156 or 157.
What is the punishment under Section 158 of BNSS?
Section 158 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 158 of BNSS bailable or non-bailable?
Whether Section 158 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 158 of BNSS?
The essential elements of Section 158 of BNSS are: The Magistrate must be conducting an inquiry under section 156 or 157.; The Magistrate can choose to direct a local investigation or summon an expert.; No specific legal test or threshold standard is mentioned in this section..
Landmark Case Laws
Landmark Judgments under Section 158 BNSS
Patnahcucisdb94 High Court (10 8)
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