Section 159 BNSS: Power of Magistrate to furnish written instructions, etc
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 159 BNSS at a Glance
Section 159 BNSS deals with power of Magistrate to furnish written instructions, etc. It replaced Section 140 CrPC on 1 July 2024.
Section 159 BNSS Bare Act Text
(1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate mayโ
(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.
Source: Section 159, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 159 BNSS in Simple Words
Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the Magistrate who directs a local investigation by any person under Section 158 BNSS. Under Section 159(1) BNSS, the Magistrate may furnish that person with such written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
Under Section 159(2) BNSS, the report of that person may be read as evidence in the case. Under Section 159(3) BNSS, where the Magistrate summons and examines an expert under Section 158 BNSS, the Magistrate may direct by whom the costs of the summoning and examination shall be paid.
When Section 159 BNSS Applies
- Section 159(1) BNSS applies where the Magistrate directs a local investigation by any person under Section 158 BNSS.
- The Magistrate may furnish that person with such written instructions as may seem necessary for guidance.
- The Magistrate may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
- Under Section 159(2) BNSS, the report of that person may be read as evidence in the case.
- Section 159(3) BNSS applies where the Magistrate summons and examines an expert under Section 158 BNSS. The Magistrate may direct by whom the costs of the summoning and examination shall be paid.
Example of Section 159 BNSS
When Section 159 BNSS Does Not Apply
- Section 159(1) BNSS speaks of a local investigation directed under Section 158 BNSS. It does not deal with the power to direct a local investigation or to summon and examine an expert, which Section 158 BNSS addresses.
- Section 159(2) BNSS speaks of the report of the person who makes the local investigation. It does not deal with the report of a Magistrate deputed to make a local inquiry, which Section 167(2) BNSS addresses.
Section 159 BNSS in the CrPC (Previous Law)
Section 159 BNSS replaced Section 140 CrPC from 1 July 2024.
Section 159 BNSS has the same heading and the same text as Section 140 CrPC. Section 159(1) BNSS and Section 159(3) BNSS refer to Section 158 BNSS where Section 140(1) CrPC and Section 140(3) CrPC referred to Section 139 CrPC.
Each sub-section below names its own source.
FAQs on Section 159 BNSS
What may the Magistrate furnish to the person under Section 159(1) BNSS?โผ
The Magistrate may furnish the person who makes the local investigation with such written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
May the report be read as evidence under Section 159(2) BNSS?โผ
The report of the person who makes the local investigation may be read as evidence in the case.
What may the Magistrate direct under Section 159(3) BNSS?โผ
Where the Magistrate summons and examines an expert under Section 158 BNSS, the Magistrate may direct by whom the costs of the summoning and examination shall be paid.
What changed from Section 140 CrPC to Section 159 BNSS from 1 July 2024?โผ
Section 159 BNSS has the same heading and the same text as Section 140 CrPC. Section 159(1) BNSS and Section 159(3) BNSS refer to Section 158 BNSS where Section 140(1) CrPC and Section 140(3) CrPC referred to Section 139 CrPC.
Section 159 BNSS: Sub-sections Explained
Section 159(1) BNSS: Power of Magistrate to furnish written instructions, etc
โถ
Bare Act Text
(1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate mayโ
(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.
Section 159(2) BNSS: Power of Magistrate to furnish written instructions, etc
โถ
Bare Act Text
(2) The report of such person may be read as evidence in the case.
Previous Law
CrPC 140(2) โ Section 159(2) BNSS
Section 159(3) BNSS: Power of Magistrate to furnish written instructions, etc
โถ
Bare Act Text
(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.
Previous Law
CrPC 140(3) โ Section 159(3) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 20 Oct 2026 ยท