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Bharatiya Nagarik Suraksha Sanhita

Section 159

Power of Magistrate to furnish written instructions, etc

Quick Answer Reference: Section 159 BNSS

  • Provision: Section 159 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
  • Jurisdiction: India
  • Summary: A Magistrate can direct a local investigation and give instructions to the person conducting it. They can also decide who will pay for the investigation. The person's report can be used as evidence in court.
Statutory Content

What does Section 159 of BNSS say?

(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.

Indian StandardSection 159, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 159 (India)
Court Pleading StandardSection 159 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/159

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 159 of BNSS mean?

Plain English Explanation

A Magistrate can direct a local investigation and give instructions to the person conducting it. They can also decide who will pay for the investigation. The person's report can be used as evidence in court.

Practical Interpretation

This section allows Magistrates to oversee local investigations and provide necessary guidance to investigators. It also clarifies who is responsible for covering the costs of the investigation.

Core Legal Purpose

The core purpose of this section is to empower Magistrates to effectively manage local investigations by providing necessary instructions and clarifying financial responsibilities.

Key Legal Elements
  • A Magistrate must direct a local investigation under section 158.
  • The Magistrate may furnish written instructions to the investigator.
  • The Magistrate may declare who will pay for the necessary expenses of the local investigation.
  • The report of the investigator may be read as evidence in the case.
Practical Example

Practical Example of Section 159 BNSS

Rajesh, a Magistrate, directs a local investigation into a complaint filed by Priya. He provides written instructions to the investigator, Amit, on how to conduct the investigation. Rajesh also declares that the local police will cover the necessary expenses of the investigation. Amit submits his report, which is read as evidence in the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 159 BNSS

Q: What is the punishment or consequence under Section 159 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 public entities, specifically Magistrates and investigators, in the context of local investigations.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 159 BNSS

What is Section 159 of BNSS?

Section 159 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Magistrate to furnish written instructions, etc". In plain terms: A Magistrate can direct a local investigation and give instructions to the person conducting it. They can also decide who will pay for the investigation. The person's report can be used as evidence in court.

What is the punishment under Section 159 of BNSS?

Section 159 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 159 of BNSS bailable or non-bailable?

Whether Section 159 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 159 of BNSS?

The essential elements of Section 159 of BNSS are: A Magistrate must direct a local investigation under section 158.; The Magistrate may furnish written instructions to the investigator.; The Magistrate may declare who will pay for the necessary expenses of the local investigation..

Landmark Case Laws

Landmark Judgments under Section 159 BNSS

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

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