Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Why this exists
Before deciding whether to summon an accused person to face trial, a magistrate must be satisfied there's enough basis for the complaint. Sometimes documents and oral statements aren't enough — the magistrate may need someone to visit the actual location (e.g., a disputed property boundary) or need expert technical input (e.g., on a forged signature or a medical injury) to properly assess the complaint. This provision, continuing a long-standing feature of Indian criminal procedure inherited from the Code of Criminal Procedure, gives the magistrate that investigative flexibility at the pre-summoning inquiry stage, helping filter out weak or frivolous complaints before putting an accused through a trial.
Common misconceptions
- Myth: The magistrate must always send an investigator or call an expert before deciding on a complaint.
Fact: The word 'may' shows this is discretionary — the magistrate uses these tools only when needed, not in every case. - Myth: This section allows a full police investigation like an FIR probe.
Fact: This is a limited fact-finding step during a magistrate's own inquiry, not a substitute for a full police investigation under other provisions.