Section 140 CrPC: Magistrate's Written Instructions, Local Investigation Expenses and Section 159 BNSS
Section 140 of the Code of Criminal Procedure, 1973 authorised a Magistrate to issue written directions for a local investigation, allocate investigation expenses, receive the investigator's report as evidence and determine expert examination costs. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 159 BNSS.
Section 140 CrPC - Text and Explanation
140. Power of Magistrate to furnish written instructions, etc.
(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may—
(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 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.
Section 159 BNSS - Corresponding Provision in Force
Section 159 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Power of Magistrate to furnish written instructions, etc., applies where the Magistrate orders a local investigation or expert examination under Section 158 BNSS. It provides three powers:
- Written instructions: The Magistrate may give the investigator written guidance on the scope or manner of the local investigation.
- Allocation of expenses: The Magistrate may decide who must bear all or part of the necessary costs of local investigation.
- Investigation report and expert costs: The investigator's report may be read as evidence; the Magistrate may also determine who pays the costs of summoning and examining an expert.
Read the legislation from the official India Code BNSS record or the Ministry of Home Affairs criminal laws portal.
When Can the Magistrate Exercise These Powers?
The provision operates in proceedings concerning public nuisance and related public rights. Under Section 139 CrPC, now corresponding to Section 158 BNSS, the Magistrate may direct a local investigation or summon and examine an expert for an inquiry under Sections 137 or 138 CrPC (now Sections 156 or 157 BNSS).
For example, where a conditional order concerns an alleged obstruction of a public pathway, the Magistrate may appoint a suitable person to inspect the location, specify the matters to be examined and determine responsibility for reasonable investigation expenses. A submitted report may then be considered as evidence within the applicable procedure.
Meaning of the Important Legal Provisions
Written instructions - Section 140(1)(a) CrPC / Section 159(1)(a) BNSS
The Magistrate may provide written guidance to the appointed investigator. Such directions can clarify the questions to be examined, the location to be inspected and the facts relevant to the inquiry.
Investigation expenses - Section 140(1)(b) CrPC / Section 159(1)(b) BNSS
The Magistrate has discretion to declare who should pay the whole or any part of the necessary local investigation expenses. The provision does not automatically place all expenses on one particular party.
Report as evidence - Section 140(2) CrPC / Section 159(2) BNSS
The investigator's report may be read as evidence. This is an enabling provision: it does not make every factual conclusion in the report automatically conclusive or eliminate the need for fair consideration of the evidence and objections.
Expert examination costs - Section 140(3) CrPC / Section 159(3) BNSS
Where the Magistrate summons and examines an expert under the preceding provision, the Magistrate may determine who bears the costs of that summoning and examination.
Related Provisions
- Section 133 CrPC / Section 152 BNSS: conditional order for removal of nuisance.
- Section 137 CrPC / Section 156 BNSS: procedure when a public right is denied.
- Section 138 CrPC / Section 157 BNSS: procedure where the person appears to show cause.
- Section 139 CrPC / Section 158 BNSS: local investigation and examination of experts.
Frequently Asked Questions
What is the equivalent of Section 140 CrPC under the BNSS?
Section 159 BNSS is the corresponding provision. It retains the Magistrate's powers concerning written instructions, investigation costs, reports as evidence and expert examination costs.
Can a Magistrate decide who pays for a local investigation?
Yes. Section 159(1)(b) BNSS permits the Magistrate to decide who bears all or part of the necessary investigation expenses.
Is a local investigation report admissible as evidence?
Section 159(2) BNSS states that the report may be read as evidence. Its evidentiary weight is assessed in the context of the proceedings.
Does Section 159 BNSS create a criminal offence or prescribe punishment?
No. It is a procedural provision governing the Magistrate's powers in an inquiry, not an independent penal offence.
Official Legal Sources
India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 | Bureau of Police Research and Development - New Criminal Laws
Legal information for general reference. For pending proceedings, verify the applicable savings and transitional provisions and the latest official statutory text.