Section 158 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 158 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers a Magistrate to direct a local investigation or summon and examine an expert during inquiries under Sections 156 or 157. This provision enhances the Magistrate's ability to gather information and expert opinions to facilitate informed decision-making in legal proceedings.
📜 Text of Section 158
Section 158 – Power of Magistrate to direct local investigation and examination of an expert
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.
⚖️ Legal Significance
Local Investigation: The Magistrate can appoint an individual to conduct a local investigation, providing flexibility to gather information pertinent to the case.
Expert Examination: Summoning and examining an expert allows the Magistrate to obtain specialized knowledge, aiding in the understanding of complex issues.
Enhanced Decision-Making: These powers enable the Magistrate to make more informed decisions by considering detailed investigations and expert opinions.
🔄 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 158 of the BNSS corresponds to Section 139 of the Cr.P.C., which similarly grants the Magistrate the authority to direct a local investigation or summon and examine an expert during inquiries.
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