Section 158 BNSS: Power of Magistrate to direct local investigation and examination of an expert

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 158 BNSS at a Glance

Section 158 BNSS deals with power of Magistrate to direct local investigation and examination of an expert. It replaced Section 139 CrPC on 1 July 2024.

Was CrPC

Section 139 →

Section 158 BNSS Bare Act Text

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.

Source: Section 158, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 158 BNSS in Simple Words

Section 158 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the Magistrate, for the purposes of an inquiry under Section 156 BNSS or Section 157 BNSS, to direct a local investigation to be made by such person as the Magistrate thinks fit, or to summon and examine an expert.

When Section 158 BNSS Applies

  • Section 158 BNSS applies for the purposes of an inquiry under Section 156 BNSS or Section 157 BNSS.
  • The Magistrate may direct a local investigation to be made by such person as the Magistrate thinks fit.
  • The Magistrate may instead summon and examine an expert.

Example of Section 158 BNSS

A Magistrate is holding an inquiry under Section 156 BNSS. Under Section 158 BNSS, the Magistrate may direct a local investigation to be made by Rohan, a person the Magistrate thinks fit, or may summon and examine an expert.

When Section 158 BNSS Does Not Apply

  • Section 158 BNSS speaks of a local investigation and the examination of an expert. It does not deal with written instructions to the person who makes the local investigation or with the payment of expenses, which Section 159 BNSS addresses.
  • Section 158 BNSS speaks of an inquiry under Section 156 BNSS or Section 157 BNSS. It does not deal with the procedure on an order being made absolute and the consequences of disobedience, which Section 160 BNSS addresses.

Section 158 BNSS in the CrPC (Previous Law)

Section 158 BNSS replaces Section 139 CrPC from the old criminal code.

Section 158 BNSS has the same heading and the same text as Section 139 CrPC. Section 158 BNSS refers to Section 156 BNSS and Section 157 BNSS where Section 139 CrPC referred to Section 137 CrPC and Section 138 CrPC.

View CrPC Section 139 →

FAQs on Section 158 BNSS

For which inquiries may the Magistrate act under Section 158 BNSS?▼

The Magistrate may act for the purposes of an inquiry under Section 156 BNSS or Section 157 BNSS.

What local investigation may the Magistrate direct under Section 158 BNSS?▼

The Magistrate may direct a local investigation to be made by such person as the Magistrate thinks fit.

May the Magistrate examine an expert under Section 158 BNSS?▼

The Magistrate may summon and examine an expert for the purposes of an inquiry under Section 156 BNSS or Section 157 BNSS.

What changed from Section 139 CrPC to Section 158 BNSS from 1 July 2024?▼

Section 158 BNSS has the same heading and the same text as Section 139 CrPC. Section 158 BNSS refers to Section 156 BNSS and Section 157 BNSS where Section 139 CrPC referred to Section 137 CrPC and Section 138 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·