Power of Magistrate to furnish written instructions, etc
AI Assist
Summary
Magistrate can order a local investigation by a person, give that person written instructions for guidance, and decide who will pay all or part of the investigation expenses. The investigator’s report may be read in court as evidence. If an expert is summoned, the magistrate can also direct who must bear the expert’s costs.
Example
Priya files an FIR about damage to her shop. The magistrate asks Aditya to do a local investigation, gives him written instructions and orders that the shop owner will pay the investigation expenses. The magistrate later summons Meera as an expert and directs who will pay her fees. Aditya’s report is read as evidence in court.
Bare Act
Enacted text(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may
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(a) furnish such person with such written instruction as may seem necessary for his guidance;
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(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 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.
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