Power of Magistrate to direct local investigation and examination of an expert
Section 158 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 158, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 139 Power of Magistrate to direct local investigation and examination ofan expert Text carried over almost unchanged 91%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh
Decided under Code of Criminal Procedure 139, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a criminal trial under the Negotiable Instruments Act, the liability of an accused towards a complainant must be determined solely on the basis of evidence relating to transactions and dealings between the two parties. Income tax returns and account books of a third-party witness, even if they establish the witness's financial capacity to lend money, are not relevant to determine the liability between the accused and the complainant. Furthermore, an application under Section 91 Cr.P.C. to summon documents must be made at the appropriate time during the examination of the witness, and a belated application filed after the witness has already testified may be rejected as untimely and potentially dilatory.
On this section: Presumption as to documents produced by banks; cited in context of accused's right to rebut presumptions through production of documents
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 158
What have the courts held on Section 158 of the Bharatiya Nagarik Suraksha Sanhita?
Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh (02 Nov 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 139, which this section replaced -- the court never mentioned this Act: Presumption as to documents produced by banks; cited in context of accused's right to rebut presumptions through production of documents.
How do I find court cases under Section 158 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 158, section 158 BNSS, section 158 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh (02 Nov 2010).
What should I read with Section 158 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 156 (Procedure where existence of public right is denied), section 157 (Procedure where person against whom order is made under section 152 appears to show-cause), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. It carries forward CrPC 139 (Power of Magistrate to direct local investigation and examination ofan expert), so the judgments decided under that provision are the case law on this one.
When did Section 158 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 158 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 158, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.