Bharatiya Nagarik Suraksha Sanhita, 2023
Section 159
Power of Magistrate to furnish written instructions, etc
(1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may—
(a) furnish such person with such written instructions as may seem necessary for his guidance;
(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 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.
Why this exists
Section 158 lets a Magistrate order a local investigation or examine an expert to clarify facts that can't easily be settled from the courtroom alone—like inspecting land boundaries, damaged property, or technical evidence. Section 159 fills in the practical mechanics: it lets the Magistrate guide the investigator, allocate who bears the expense, and use the resulting report as evidence, so the process is efficient, fair, and doesn't leave one party to bear unfair costs.
Common misconceptions
- Myth: The investigator's report is just background information and can't really be used as evidence.
Fact: The section explicitly allows the report to be read as evidence in the case, giving it real evidentiary value. - Myth: The party who requested the investigation always has to pay for it.
Fact: The Magistrate has discretion to decide who bears the costs, which could be one party, both parties, or allocated in parts.