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BNSS, 2023
Start Practicing
BNSSChapter XISection 158
Section158

Power of Magistrate to direct local investigation and examination of an expert

AI Assist

Summary

When conducting an inquiry after an FIR or police report, the magistrate can order a local investigation by any person he thinks fit. He can also summon and examine an expert to give evidence or an opinion. These steps let the magistrate gather local facts and technical input while the inquiry proceeds.

Example

Priya files an FIR saying a contractor's poor work caused her shop roof to leak. During the inquiry the magistrate orders a local inspection by a municipal officer and summons a structural engineer to examine the roof and give an opinion.

Bare Act

Enacted text

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.

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XI

Chapter XI

Maintenance of Public Order and Tranquillity

In this chapter

  • 148Dispersal of assembly by use of civil force
  • 149Use of armed forces to disperse assembly
  • 150Power of certain armed force officers to disperse assembly
  • 151Protection against prosecution for acts done under sections 148, 149 and 150
  • 152Conditional order for removal of nuisance
  • 153Service or notification of order
  • 154Person to whom order is addressed to obey or show cause
  • 155Penalty for failure to comply with section 154
  • 156Procedure where existence of public right is denied
  • 157Procedure where person against whom order is made under section 152 appears to show cause
  • 158Power of Magistrate to direct local investigation and examination of an expert
  • 159Power of Magistrate to furnish written instructions, etc
  • 160Procedure on order being made absolute and consequences of disobedience
  • 161Injunction pending inquiry
  • 162Magistrate may prohibit repetition or continuance of public nuisance
  • 163Power to issue order in urgent cases of nuisance or apprehended danger
  • 164Procedure where dispute concerning land or water is likely to cause breach of peace
  • 165Power to attach subject of dispute and to appoint receiver
  • 166Dispute concerning right of use of land or water
  • 167Local inquiry
Previous · Section 157Procedure where person against whom order is made under section 152 appears to show causeNext · Section 159Power of Magistrate to furnish written instructions, etc