Section 167 of BNSS : Section 167: Local inquiry.
BNSS
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Explanation using Example
Example 1:
Scenario: Dispute over Agricultural Land
Ramesh and Suresh are neighbors in a village in Maharashtra. They have a dispute over a piece of agricultural land that both claim to own. The dispute has led to frequent quarrels and disturbances in the village.
Application of Section 167:
- Local Inquiry Initiation: The District Magistrate decides that a local inquiry is necessary to resolve the dispute under Section 164.
- Delegation: The District Magistrate deputes a Sub-divisional Magistrate to conduct the inquiry and provides written instructions on how to proceed.
- Inquiry Process: The Sub-divisional Magistrate visits the village, inspects the land, and gathers evidence from local witnesses.
- Report Submission: The Sub-divisional Magistrate submits a detailed report to the District Magistrate.
- Evidence: The report is read as evidence in the case.
- Cost Allocation: The District Magistrate decides that the costs incurred during the inquiry, including witness expenses and advocate fees, will be shared equally by Ramesh and Suresh.
Example 2:
Scenario: Dispute over Residential Property
Anita and Sunita, two sisters living in Delhi, are in a legal battle over the ownership of their deceased parents' house. The dispute has caused tension in the neighborhood.
Application of Section 167:
- Local Inquiry Initiation: The Sub-divisional Magistrate determines that a local inquiry is necessary for the purposes of Section 165 to ascertain the rightful owner.
- Delegation: The Sub-divisional Magistrate deputes a local Magistrate to conduct the inquiry and provides specific written instructions on the aspects to be investigated.
- Inquiry Process: The local Magistrate visits the property, interviews neighbors, and reviews do...
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