Section 178 BNSS: Power to hold investigation or preliminary inquiry

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 178 BNSS at a Glance

Section 178 BNSS deals with power to hold investigation or preliminary inquiry. It replaced Section 159 CrPC on 1 July 2024.

Was CrPC

Section 159 →

Section 178 BNSS Bare Act Text

178. 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.

Source: Section 178, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 178 BNSS in Simple Words

Section 178 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the Magistrate to direct an investigation or to hold a preliminary inquiry. On receiving a report under Section 176 BNSS, the Magistrate may direct an investigation.

Alternatively, if the Magistrate thinks fit, the Magistrate may at once proceed to hold a preliminary inquiry into the case, or otherwise to dispose of the case. The Magistrate may instead depute any Magistrate subordinate to the Magistrate to proceed in the same way.

The inquiry or other disposal is carried out in the manner provided in the Sanhita.

When Section 178 BNSS Applies

  • The Magistrate, on receiving a report under Section 176 BNSS, may direct an investigation.
  • If he thinks fit, the Magistrate may at once proceed to hold a preliminary inquiry into, or otherwise to dispose of, the case.
  • The Magistrate may instead depute any Magistrate subordinate to him to proceed to hold a preliminary inquiry into, or otherwise to dispose of, the case.
  • The preliminary inquiry or disposal of the case is in the manner provided in this Sanhita.

Example of Section 178 BNSS

Magistrate Bhavna receives a report under Section 176 BNSS. Under Section 178 BNSS, Magistrate Bhavna may direct an investigation. If Magistrate Bhavna thinks fit, Magistrate Bhavna may at once proceed to hold a preliminary inquiry into the case, or depute a Magistrate subordinate to Magistrate Bhavna to proceed to hold it.

When Section 178 BNSS Does Not Apply

  • Section 178 BNSS speaks of a Magistrate on receiving a report under Section 176 BNSS. It does not deal with the procedure for investigation followed by the officer in charge of a police station, which is the subject of Section 176 BNSS.
  • Section 178 BNSS speaks of the manner provided in this Sanhita. It does not set out that manner in its own words.

Section 178 BNSS in the CrPC (Previous Law)

Section 178 BNSS replaces Section 159 CrPC from the old criminal code.

Section 178 BNSS has the same heading as Section 159 CrPC. Section 178 BNSS reads a report under section 176 where Section 159 CrPC read such report. Section 178 BNSS refers to the manner provided in this Sanhita where Section 159 CrPC referred to the manner provided in this Code. The rest of the text is the same.

View CrPC Section 159 →

FAQs on Section 178 BNSS

What may a Magistrate do on receiving a report under Section 178 BNSS?▼

Section 178 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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.

May a Magistrate depute another Magistrate under Section 178 BNSS?▼

Yes. Section 178 BNSS provides that the Magistrate may depute any Magistrate subordinate to him to proceed to hold a preliminary inquiry into, or otherwise to dispose of, the case.

In what manner is the case disposed of under Section 178 BNSS?▼

Section 178 BNSS provides that the preliminary inquiry, or the disposal of the case, is in the manner provided in this Sanhita.

What changed from Section 159 CrPC to Section 178 BNSS from 1 July 2024?▼

Section 178 BNSS has the same heading as Section 159 CrPC. Section 178 BNSS reads The Magistrate, on receiving a report under section 176, where Section 159 CrPC read Such Magistrate, on receiving such report. Section 178 BNSS reads in the manner provided in this Sanhita where Section 159 CrPC read in the manner provided in this Code. The rest of the text is the same.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·