Power to hold investigation or preliminary inquiry
Section 178 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to hold investigation or preliminary inquiry. The Magistrate, on receiving a report under section 176, 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 Sanhita. The Act came into force on 01 Jul 2024.
The Magistrate, on receiving a report under section 176, 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 Sanhita.
Section 178, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 159 Power to hold investigation or Text carried over almost unchanged 93%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bohatie Devi (dead) vs The State of Uttar Pradesh
Decided under Code of Criminal Procedure 159, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An order directing reinvestigation of a criminal case must satisfy proper legal authority, procedural safeguards, and substantive justification; the High Court exceeded its jurisdiction in endorsing a reinvestigation order that lacked proper grounding; the appropriate forum for evaluating the sufficiency of investigation is the trial court through the examination of evidence and consideration of the accused's defences; administrative or executive orders directing reinvestigation, when not properly authorized or procedurally sound, constitute an abuse of power that must be quashed, allowing the case to proceed to trial on the basis of investigation already completed.
On this section: Relates to investigation procedures and authority of police; contextual application regarding who can direct investigations
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SUDAGAR SINGH vs DIDAR SINGH
Decided under Code of Criminal Procedure 159, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate is not bound to direct police investigation under Section 156(3) CrPC merely because cognizable offences are alleged in a complaint. The Magistrate has discretionary power at the pre-cognizance stage to decide whether to direct police investigation or proceed as a complaint case under Sections 200-204 CrPC, keeping in view the facts and circumstances of the case. Further, Section 156(3) CrPC does not cast any duty upon the Magistrate to record reasons while exercising this discretion, and such omission is deliberate and for good reasons.
On this section: Empowers Magistrate to order investigation even if police refuses. Court noted this as an additional power of Magistrate to ensure investigation if deemed necessary.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 178
What have the courts held on Section 178 of the Bharatiya Nagarik Suraksha Sanhita?
Bohatie Devi (dead) vs The State of Uttar Pradesh (28 Apr 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 159, which this section replaced -- the court never mentioned this Act: Relates to investigation procedures and authority of police; contextual application regarding who can direct investigations. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2022 to 2023.
How do I find court cases under Section 178 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 178, section 178 BNSS, section 178 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 178 3 and 178 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Bohatie Devi (dead) vs The State of Uttar Pradesh (28 Apr 2023).
What should I read with Section 178 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 176 (Procedure for investigation), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 159 (Power to hold investigation or), so the judgments decided under that provision are the case law on this one.
When did Section 178 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 178 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 178, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.