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CrPC, 1973
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CrPCChapter XIISection 159
Section159

Power to hold investigation or preliminary inquiry

AI Assist

Summary

When a magistrate receives a report of an offence, they may direct an investigation. They may instead conduct, or depute a subordinate magistrate to conduct, a preliminary inquiry. The magistrate may also dispose of the case in the manner provided by this Code.

Example

Priya files an FIR at her local police station saying a neighbour took her tablet. The magistrate who receives the report may order a full investigation, or may hold or send a subordinate to hold a preliminary inquiry to decide whether to frame charges or close the case.

Bare Act

Enacted 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.

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XII

Chapter XII

Information To The Police And Their Powers To Investigate

In this chapter

  • 154Information in cognizable cases
  • 155Information as to non-cognizable cases and investigation of such cases
  • 156Police officer’s power to investigate cognizable cases
  • 157Procedure for investigation
  • 158Report how submitted
  • 159Power to hold investigation or preliminary inquiry
  • 160Police Officer’s power to require attendance of witnesses
  • 161Examination of witnesses by police
  • 162Statements to police not to be signed: Use of statements in evidence
  • 163No inducement to be offered
  • 164Recording of confessions and statements
  • 164AMedical examination of the victim of rape
  • 165Search by police officer
  • 166When officer in charge of police station may require another to issue search-warrant
  • 166ALetter of request to competent authority for investigation in a country or place outside India
  • 166BLetter of request from a country or place outside India to a Court or an authority for investigation in India
  • 167Procedure when investigation cannot be completed in twenty-four hours
  • 168Report of investigation by subordinate police officer
  • 169Release of accused when evidence deficient
  • 170Cases to be sent to Magistrate when evidence is sufficient
  • 171Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  • 172Diary of proceeding in investigation
  • 173Report of police officer on completion of investigation
  • 174Police to inquire and report on suicide, etc
  • 175Power to summon persons
  • 176Inquiry by Magistrate into cause of death
Previous · Section 158Report how submittedNext · Section 160Police Officer’s power to require attendance of witnesses