Section 167 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 167: Local Investigation
Purpose:
Section 167 of the BNSS, 2023, deals with the procedure for conducting a local investigation by a magistrate or their subordinate officer. This section is similar in nature to the provisions under Section 148 of the Code of Criminal Procedure (CrPC), India.
Key Provisions:
Authority to Direct Local Investigation:
When it is necessary to conduct a local investigation for the purposes of Sections 164, 165, or 166 (which deal with recording statements, inquiries, or similar investigative activities), the District Magistrate or Sub-Divisional Magistrate has the power to appoint any magistrate under their jurisdiction to carry out the local investigation.
The magistrate so appointed is given written instructions about the scope and manner of the investigation.
Investigation Costs:
The magistrate appointing the investigating officer also decides who will bear the expenses of the investigation.
This includes the costs incurred during the investigation, such as fees for witnesses or legal representatives, if applicable.
Use of Investigation Report:
The report prepared by the magistrate or officer conducting the local investigation can be used as evidence in the case.
This means the findings of the investigation carry evidentiary value and can influence the court's decisions.
Determining Responsibility for Costs:
If any expenses have been incurred by a party during the investigation (for example, costs paid by the prosecution or defense), the magistrate conducting the investigation can decide how these expenses are to be allocated.
The magistrate has discretion to order that the costs be paid entirely or partially by any party involved in the case.
This ensures fairness and accountability for costs related to investigations.
Summary:
Section 167 BNSS empowers district or sub-divisional magistrates to appoint subordinate magistrates for local investigations required under certain procedural sections (164-166).
It ensures proper supervision, allocation of investigation expenses, and legal validity of investigation reports.
The provision balances procedural efficiency with accountability by allowing cost allocation and making investigation reports admissible evidence.
RELATED Blog
0 comments