Chapter XII
Section 159 CrPC: Power to hold investigation or preliminary inquiry
New Law Update (2024)
Section 181 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.
Important Sub-Sections Explained
Landmark Judgements
H.N. Rishbud and Inder Singh v. The State of Delhi (1955):
This foundational judgment defined ‘investigation’ under the Code of Criminal Procedure, outlining it as the process undertaken by police officers to collect evidence. This clarification is crucial for understanding the Magistrate’s power to ‘direct an investigation’ under Section 159 CrPC.
Devarapalli Lakshminarayana Reddy and Ors. v. V. Narayana Reddy and Ors. (1976):
This landmark case clarified the Magistrate’s power to direct an investigation under Section 156(3) CrPC before taking cognizance, distinguishing it from an inquiry under Section 202 CrPC. It provides essential context for the Magistrate’s options and the scope of investigation versus inquiry, relevant to the decision-making under Section 159.
Santosh Kumari v. State of J&K (2009):
This ruling underscored the discretionary nature of the Magistrate’s power under Section 159 CrPC, emphasizing that the Magistrate must apply judicial mind upon receiving a police report to decide whether to direct further investigation, conduct a preliminary inquiry, or depute a subordinate for the same, ensuring a just disposal of the case.