Power to hold investigation or
Section 159 of the Code of Criminal Procedure, 1973 deals with power to hold investigation or. 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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.
Section 159, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 178 Power to hold investigation or preliminary inquiry 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 The repealed enactment still governs what happened while it was in force.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.
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
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to the Magistrate empowered to take cognizance of such offence upon a police report. Section 157, CrPC thus in other words directs the sending of the report forthwith i.e. without any delay and immediately. Further, Section 159 CrPC envisages that on receiving such report, the Magistrate may direct an investigation or, if he thinks fit, to proceed at once or depute any other Magistrate subordinate to him to proceed to hold a preliminary inquiry into the case in the manner provided in the Code of Criminal Procedure. The forwarding of the …
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… Section 157, CrPC thus in other words directs the -:20:- sending of the report forthwith i.e. without any delay and immediately. Further, Section 159 CrPC envisages that on receiving such report, the Magistrate may direct an investigation or, if he thinks fit, to proceed at once or depute any other Magistrate subordinate to him to proceed to hold a preliminary inquiry into the case in the manner provided in the Code of Criminal Procedure. The forwarding of the …
Questions about Section 159
What have the courts held on Section 159 of the Code of Criminal Procedure?
Bohatie Devi (dead) vs The State of Uttar Pradesh (28 Apr 2023) is the leading judgment on this section among those set out below: 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 159 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 159, section 159 CRPC, section 159 of the Code of Criminal Procedure. 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 159 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 178 (Power to hold investigation or preliminary inquiry), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 159 of the Code of Criminal Procedure come into force?
Section 159 of the Code of Criminal Procedure, cited as CRPC 159, 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.