Section 167 BNSS: Local inquiry
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 167 BNSS at a Glance
Section 167 BNSS deals with local inquiry. It replaced Section 148 CrPC on 1 July 2024.
Section 167 BNSS Bare Act Text
(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable.
Source: Section 167, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 167 BNSS in Simple Words
Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a local inquiry. Under Section 167(1) BNSS, whenever a local inquiry is necessary for the purposes of Section 164 BNSS, Section 165 BNSS or Section 166 BNSS, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry, may furnish written instructions, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
Under Section 167(2) BNSS, the report of the person so deputed may be read as evidence in the case. Under Section 167(3) BNSS, the Magistrate passing a decision may direct by whom costs shall be paid.
When Section 167 BNSS Applies
- Section 167(1) BNSS applies whenever a local inquiry is necessary for the purposes of Section 164 BNSS, Section 165 BNSS or Section 166 BNSS.
- A District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry.
- The District Magistrate or Sub-divisional Magistrate may furnish written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
- Under Section 167(2) BNSS, the report of the person so deputed may be read as evidence in the case.
- Section 167(3) BNSS applies when any costs have been incurred by any party to a proceeding under Section 164 BNSS, Section 165 BNSS or Section 166 BNSS. The Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion.
- The costs may include any expenses incurred in respect of witnesses and of advocates fees, which the Court may consider reasonable.
Example of Section 167 BNSS
When Section 167 BNSS Does Not Apply
- Section 167 BNSS speaks of a local inquiry for the purposes of Section 164 BNSS, Section 165 BNSS or Section 166 BNSS. It does not deal with a local investigation directed by a Magistrate under Section 158 BNSS.
- Section 167(3) BNSS speaks of costs in a proceeding under Section 164 BNSS, Section 165 BNSS or Section 166 BNSS. It does not deal with the costs of summoning and examining an expert, which Section 159(3) BNSS addresses.
Section 167 BNSS in the CrPC (Previous Law)
Section 167 BNSS replaced Section 148 CrPC from 1 July 2024.
Section 167 BNSS has the same heading as Section 148 CrPC and the same text, except as follows. Section 167(1) BNSS and Section 167(3) BNSS refer to Section 164 BNSS, Section 165 BNSS and Section 166 BNSS where Section 148(1) CrPC and Section 148(3) CrPC referred to Section 145 CrPC, Section 146 CrPC and Section 147 CrPC. Section 167(3) BNSS reads advocates fees where Section 148(3) CrPC read pleaders fees.
Each sub-section below names its own source.
FAQs on Section 167 BNSS
Who may depute a Magistrate to make a local inquiry under Section 167(1) BNSS?▼
A District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry, whenever a local inquiry is necessary for the purposes of Section 164 BNSS, Section 165 BNSS or Section 166 BNSS.
May the report be read as evidence under Section 167(2) BNSS?▼
The report of the person so deputed may be read as evidence in the case.
Who may direct by whom costs shall be paid under Section 167(3) BNSS?▼
The Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion.
What changed from Section 148 CrPC to Section 167 BNSS from 1 July 2024?▼
Section 167 BNSS has the same heading as Section 148 CrPC and the same text, except as follows. Section 167(1) BNSS and Section 167(3) BNSS refer to Section 164 BNSS, Section 165 BNSS and Section 166 BNSS where Section 148(1) CrPC and Section 148(3) CrPC referred to Section 145 CrPC, Section 146 CrPC and Section 147 CrPC. Section 167(3) BNSS reads advocates fees where Section 148(3) CrPC read pleaders fees.
Section 167 BNSS: Sub-sections Explained
Section 167(1) BNSS: Local inquiry
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Bare Act Text
(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
Section 167(2) BNSS: Local inquiry
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Bare Act Text
(2) The report of the person so deputed may be read as evidence in the case.
Section 167(3) BNSS: Local inquiry
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Bare Act Text
(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·