Code: Section 158 BNSS
- The Magistrate may, for the purposes of an inquiry under Section 156 BNSS or Section 157 BNSS—
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.
Explanation of Section 158 BNSS
Section 158 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) grants the Magistrate the power to conduct local investigations and seek expert opinions during an inquiry under Section 156 BNSS or Section 157 BNSS.
Key Provisions
- Local Investigation: The Magistrate can appoint a person (e.g., a government officer, surveyor, or police officer) to inspect the disputed site and provide a factual report.
- Expert Examination: The Magistrate may summon specialists (e.g., environmental experts, forensic analysts, or engineers) to assess technical aspects related to the case.
This provision ensures that decisions are based on accurate and unbiased assessments, especially in disputes involving public property, environmental concerns, or construction-related issues.
Illustration
Example 1: Land Encroachment Dispute
A dispute arises over whether a shopkeeper has illegally occupied part of a public road. The Magistrate, under Section 158(a), appoints a land surveyor to measure the area and report the findings before making a final decision.
Example 2: Noise Pollution Complaint
Residents complain about excessive noise pollution from a factory. Under Section 158(b), the Magistrate summons an environmental expert to measure noise levels and assess whether the factory is violating permissible limits.
Common Questions and Answers on Section 158 BNSS
What is the purpose of Section 158 BNSS?
It allows the Magistrate to obtain factual and expert reports for better decision-making in cases under Section 156 BNSS or Section 157 BNSS.
Who can conduct a local investigation under Section 158?
Any competent person appointed by the Magistrate, such as a government officer, surveyor, or police official.
What kind of experts can be summoned under Section 158?
Experts in environment, forensics, land surveying, engineering, medical sciences, etc., depending on the case.
Can an expert’s opinion be challenged in court?
Yes. The affected party may cross-examine the expert or provide counter-evidence.
Conclusion
Section 158 BNSS strengthens judicial inquiries by allowing on-site inspections and expert evaluations. This ensures that Magistrates rely on technical evidence rather than mere arguments while making decisions under Section 156 BNSS and Section 157 BNSS.
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