Chapter X
Section 139 CrPC: Power of Magistrate to direct local investigation and examination of an expert
New Law Update (2024)
Section 151 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) direct a local investigation to be made by such person as he thinks fit; or
(2) summon and examine an expert.
Important Sub-Sections Explained
Section 139(1)
This sub-section empowers a Magistrate to order a local inquiry or site inspection by any person deemed suitable, to gather facts directly relevant to the case.
Section 139(2)
This sub-section allows the Magistrate to summon and examine an expert witness, whose specialized knowledge can assist the court in understanding complex technical or scientific aspects of a matter.
Landmark Judgements
P. K. Ghosh v. The State of West Bengal (1996):
The Calcutta High Court clarified that the power under Section 139 CrPC can be exercised suo motu by a Magistrate to ascertain the truth or falsity of information, particularly in cases falling under Chapter X related to public nuisances, emphasizing the Magistrate’s role in verifying facts.
Kanta Prasad vs State (1951):
The Allahabad High Court, in a ruling relevant to the spirit of this section, highlighted that the primary objective of directing a local investigation is to enable the Magistrate to form an informed opinion and decide whether to proceed further or take action based on verified facts, rather than solely relying on written statements.