(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.
Bharatiya Nagarik Suraksha Sanhita
Section 167
Local inquiry
⚡ Quick Answer Reference: Section 167 BNSS
- Provision: Section 167 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: A District Magistrate or Sub-divisional Magistrate can order a local inquiry for certain cases. They can appoint a subordinate Magistrate to conduct the inquiry and provide instructions. The report from the inquiry can be used as evidence in court. The court can also decide who should pay the costs of the inquiry, including witness fees and lawyer fees.
What does Section 167 of BNSS say?
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What does Section 167 of BNSS mean?
Plain English Explanation
A District Magistrate or Sub-divisional Magistrate can order a local inquiry for certain cases. They can appoint a subordinate Magistrate to conduct the inquiry and provide instructions. The report from the inquiry can be used as evidence in court. The court can also decide who should pay the costs of the inquiry, including witness fees and lawyer fees.
Practical Interpretation
In practical terms, this section allows for a local inquiry to be conducted in cases where it is necessary. The District Magistrate or Sub-divisional Magistrate can appoint a subordinate Magistrate to conduct the inquiry and provide instructions. The report from the inquiry can be used as evidence in court, which can help in making a decision. The court can also decide who should pay the costs of the inquiry, including witness fees and lawyer fees.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for conducting local inquiries in cases where it is necessary. This allows for a more efficient and effective way of gathering information and making decisions. The section also provides for the costs of the inquiry to be paid by the parties involved, which helps to ensure that justice is served.
- •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.
- •The report of the person so deputed may be read as evidence in the case.
- •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.
Practical Example of Section 167 BNSS
Rajesh, a District Magistrate, needs to conduct a local inquiry into a case under section 164. He appoints a subordinate Magistrate, Amit, to conduct the inquiry and provides him with instructions. Amit conducts the inquiry and submits a report, which is used as evidence in the case. The court decides that the costs of the inquiry, including witness fees and lawyer fees, should be paid by the parties involved.
Frequently Asked Questions about Section 167 BNSS
Q: What is the purpose of this section?
This section provides a mechanism for conducting local inquiries in cases where it is necessary. It allows for a more efficient and effective way of gathering information and making decisions.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a procedural provision that can be used in various types of cases.
Q: Is this section a penal provision?
No, this section is a procedural provision and does not prescribe a penal punishment. It provides a mechanism for conducting local inquiries and deciding who should pay the costs of the inquiry.
Common Questions about Section 167 BNSS
What is Section 167 of BNSS?
Section 167 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Local inquiry". In plain terms: A District Magistrate or Sub-divisional Magistrate can order a local inquiry for certain cases. They can appoint a subordinate Magistrate to conduct the inquiry and provide instructions. The report from the inquiry can be used as evidence in court. The court can also decide who should pay the costs of the inquiry, including witness fees and lawyer fees.
What is the punishment under Section 167 of BNSS?
Section 167 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 167 of BNSS bailable or non-bailable?
Whether Section 167 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 167 of BNSS?
The essential elements of Section 167 of BNSS are: 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.; The report of the person so deputed may be read as evidence in the case..
Landmark Judgments under Section 167 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 167
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