Introduction to Section 167 BNSS
Section 167 BNSS talks about local inquiry. It gives power to the District Magistrate or Sub-divisional Magistrate to send another Magistrate to do a local investigation when needed under Section 164, 165, or 166. This is done to gather real information about disputes related to land, water, or peace and order situations.
What is BNSS Section 167 ?
BNSS Section 167 allows a higher Magistrate to send another Magistrate to carry out a local inquiry. This is done to get proper ground-level facts in land or water disputes or other urgent public matters. The report of this inquiry can be used as evidence.
BNSS Section of 167 in Simple Points
1. Local Inquiry Can Be Assigned by Senior Magistrate
A District Magistrate or a Sub-Divisional Magistrate has the power to assign or delegate the responsibility of conducting a local inquiry to a junior Magistrate (Magistrate who works under him).
This is applicable only if the inquiry is required under Section 164, 165, or 166 of BNSS, which deal with property disputes or rights involving land, water, or public peace.
This helps save time and allows local-level matters to be handled more efficiently.
2. Guidelines Must Be Given in Writing
The senior Magistrate who assigns the inquiry can also provide written instructions or guidelines.
These instructions help the deputed Magistrate understand how to conduct the inquiry, what to focus on, and what kind of evidence or details should be collected.
Written instructions ensure proper direction and reduce confusion or mistakes in the inquiry.
3. Local Inquiry Report Can Be Used as Evidence
Once the deputed Magistrate completes the local inquiry, they prepare a written report.
This report can be used in court as valid legal evidence.
The court can read, consider, and use the report while deciding the case.
This reduces the need to repeat the inquiry in court and helps the court reach a fair decision.
4. Costs of Inquiry Can Be Charged to Parties
The District or Sub-Divisional Magistrate can decide who should pay the cost of the local inquiry.
It may be one party or both parties involved in the case.
This helps cover expenses like travel, time, or other official costs related to the inquiry.
This discourages false complaints and ensures fair sharing of official costs.
5. Court Can Decide on All Legal Costs
After the case is finished, the Magistrate who made the final decision can also order who should pay other legal costs.
This includes:
- Lawyer (Advocate) fees
- Witness expenses
- Other reasonable court-related charges
The court has the power to split these costs in full, in part, or in proportion between the parties.
This ensures fairness and that no party bears unnecessary legal burden.
Section 167 of BNSS Overview
BNSS Section 167 provides a framework for conducting a local inquiry when there is a dispute or issue related to public order, land, water, or nuisances. The purpose is to help the Magistrate get accurate, on-ground facts before passing any order under Sections 164, 165, or 166 of the Bharatiya Nagarik Suraksha Sanhita.
BNSS 167 : 10 Key points
1. Authority to Delegate Inquiry
The District Magistrate or Sub-divisional Magistrate has the legal authority to assign the task of local inquiry to a Magistrate who works under them. This delegation ensures that the senior Magistrate can use the support of field officers to collect facts related to the dispute.
2. Applicability to Specific Sections
Section 167 only applies if the issue is related to Section 164 (urgent cases of nuisance or danger), Section 165 (public nuisances), or Section 166 (land/water usage disputes). These are specific legal situations where physical verification of the dispute is necessary.
3. Written Instructions Can Be Provided
When the inquiry is assigned, the senior Magistrate can provide clear and written instructions to the inquiry officer. These instructions help the officer to understand what information needs to be collected and how to conduct the inquiry properly.
4. Report Can Be Admitted as Evidence
The report prepared by the subordinate Magistrate after conducting the local inquiry can be formally accepted as evidence during the legal proceedings. This ensures that the court has reliable information while deciding the matter.
5. Allocation of Inquiry Expenses
The law allows the District Magistrate or Sub-divisional Magistrate to decide who will bear the cost of the local inquiry. This could include travel, documentation, inspection-related costs, and other related expenses. The cost can be assigned to one party or divided among the parties involved.
6. Decision on Legal Costs
After the final decision in the case, the Magistrate can decide how the legal costs should be distributed among the parties. This includes expenses like fees for lawyers, expenses for bringing witnesses, and any costs related to preparing the inquiry report.
7. Ensures Accuracy of Proceedings
The purpose of the local inquiry is to ensure that decisions are based on factual, ground-level information rather than only relying on statements or documents. It enhances the accuracy and reliability of the decision made by the Magistrate.
8. Supports Maintenance of Public Order
By resolving disputes fairly through proper inquiries, this section helps maintain peace and prevent conflicts. Timely and neutral inquiry can stop disputes from escalating into physical violence or public nuisance.
9. Increases Trust in Legal System
When the public sees that the system makes decisions after a real and neutral inquiry, it builds trust in the justice process. This is especially important in disputes related to immovable property or usage rights of land and water.
10. Promotes Fair and Speedy Justice
The procedure provided under Section 167 enables the court to save time and make quick decisions. Instead of long court hearings, verified field reports support faster and more informed decisions.
Examples of BNSS 167
Example 1:
There is a land boundary dispute between two farmers. The District Magistrate sends a junior Magistrate to the village to check the land boundaries and take statements. His report is later used in court.
Example 2:
A canal passing through a village is causing conflict. The Sub-divisional Magistrate sends a local Magistrate to inspect the site. After the inquiry, the local Magistrate submits a report which helps the court make a fair decision.
Section 167 of BNSS Short Information
| Key Area | Explanation in Short |
|---|---|
| Who Can Delegate Inquiry | District Magistrate or Sub-divisional Magistrate |
| Who Conducts Inquiry | Subordinate Magistrate |
| Purpose | For disputes under BNSS 164, 165, or 166 |
| Use of Report | Can be used as evidence in court |
| Cost Handling | Magistrate can decide who pays the costs (including witness or advocate expenses) |
Why BNSS 167 is Needed?
- Helps in Ground-Level Fact Finding: Local inquiries are essential when paper records are not enough. A visit to the site reveals the real situation.
- Reduces Confusion in Disputes: In property or land use conflicts, both parties give different versions. A local inquiry helps clear the truth.
- Prevents Biased Judgements: The Magistrate gets real, neutral data from the field before giving any decision, which ensures justice.
- Saves Court Time: Instead of calling many witnesses or checking multiple documents, a local report gives a clear summary.
- Supports Peace and Order: Quick, factual decisions in local disputes prevent fights and help maintain public peace.
BNSS Section 167 FAQs
BNSS 167
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