Section 159 of BNSS : Section 159: Power of Magistrate to furnish written instructions, etc.

Explanation using Example

Example 1:

Scenario: Noise Pollution Complaint

Ravi, a resident of a small town in India, files a complaint with the local Magistrate about excessive noise pollution caused by a nearby factory. The Magistrate decides to conduct a local investigation under Section 158 of The Bharatiya Nagarik Suraksha Sanhita 2023.

Application of Section 159:

1. Written Instructions: The Magistrate appoints an environmental officer to conduct the investigation and provides written instructions detailing the specific noise levels to be measured, the times of day to conduct the measurements, and the locations around the factory to be monitored.
2. Expenses: The Magistrate declares that the factory owner will bear the expenses of the local investigation, including the cost of the noise measuring equipment and the officer's time.
3. Report as Evidence: The environmental officer completes the investigation and submits a report indicating that the factory is indeed causing noise pollution beyond permissible limits. This report is read as evidence in the case.
4. Expert Summoning Costs: If the Magistrate decides to summon an acoustic expert to testify about the noise levels and their impact on health, the Magistrate may direct that the factory owner pays for the expert's fees and travel expenses.

Example 2:

Scenario: Illegal Construction Complaint

Meena, a resident of a city in India, complains to the local Magistrate about an illegal construction that is blocking a public pathway. The Magistrate decides to conduct a local investigation under Section 158 of The Bharatiya Nagarik Suraksha Sanhita 2023.

Application of Section 159:

1. Written Instructions: The Magistrate appoints a municipal officer to investigate the complaint and provides written instructions to measure the dimensions of the construction, verify property boundaries, and check for necessary permits.
2. Expenses: The Magistrate declares that the person responsible for the illegal construction will bear the expenses of the local investigation, including the cost of any surveying equipment and the officer's time.
3. Report as Evidence: The municipal officer completes the investigation and submits a report indicating that the construction is indeed illegal and encroaching on public property. This report is read as evidence in the case.
4. Expert Summoning Costs: If the Magistrate decides to summon a civil engineer to provide expert testimony on the structural integrity and legality of the construction, the Magistrate may direct that the person responsible for the illegal construction pays for the expert's fees and travel expenses.