Power of Magistrate to direct local investigation and examination ofan expert
Section 139 of the Code of Criminal Procedure, 1973 deals with power of Magistrate to direct local investigation and examination ofan expert. Power of Magistrate to direct local investigation and examination of an expert. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Power of Magistrate to direct local investigation and examination of an expert. The Magistrate may, for the purposes of an inquiry under section 137 or section 138-
(a) direct a local investigation to be made by such person as he thinks fit ; or
(b) summon and examine an expert.
Section 139, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 158 Power of Magistrate to direct local investigation and examination of an expert Text carried over almost unchanged 91%
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 The repealed enactment still governs what happened while it was in force.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
Referred to by 1
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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Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh
Court's Decision & Legal Precedent
In a criminal trial under the Negotiable Instruments Act, the liability of an accused towards a complainant must be determined solely on the basis of evidence relating to transactions and dealings between the two parties. Income tax returns and account books of a third-party witness, even if they establish the witness's financial capacity to lend money, are not relevant to determine the liability between the accused and the complainant. Furthermore, an application under Section 91 Cr.P.C. to summon documents must be made at the appropriate time during the examination of the witness, and a belated application filed after the witness has already testified may be rejected as untimely and potentially dilatory.
On this section: Presumption as to documents produced by banks; cited in context of accused's right to rebut presumptions through production of documents
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 139
What have the courts held on Section 139 of the Code of Criminal Procedure?
Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh (02 Nov 2010) is the leading judgment on this section among those set out below: Presumption as to documents produced by banks; cited in context of accused's right to rebut presumptions through production of documents.
How do I find court cases under Section 139 of the Code of Criminal Procedure?
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: CRPC 139, section 139 CRPC, section 139 of the Code of Criminal Procedure. People searching for it also type 139 crpc in bnss and 139a crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Yogesh Singh vs Dinesh Singha Alias Dinesh Kumar Singh (02 Nov 2010).
What should I read with Section 139 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 137 (Procedure where existence of public right is denied), section 138 (Procedure where he appears to show cause), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 158 (Power of Magistrate to direct local investigation and examination of an expert), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 139 of the Code of Criminal Procedure come into force?
Section 139 of the Code of Criminal Procedure, cited as CRPC 139, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.