Section 139 CrPC: Power of Magistrate to direct local investigation and examination of an expert

Code of Criminal Procedure, 1973

Section 139 CrPC at a Glance

Section 139 CrPC deals with power of Magistrate to direct local investigation and examination of an expert. From 1 July 2024 it is replaced by Section 158 BNSS.

Now BNSS

Section 158 →

What Section 139 CrPC Says

139. 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.

Source: Section 139, Code of Criminal Procedure, 1973

Section 139 CrPC in Simple Words

Section 139 of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate, for the purposes of an inquiry under Section 137 CrPC or Section 138 CrPC, to direct a local investigation to be made by such person as the Magistrate thinks fit, or to summon and examine an expert.

When Section 139 CrPC Applies

  • Section 139 CrPC applies for the purposes of an inquiry under Section 137 CrPC or Section 138 CrPC.
  • The Magistrate may direct a local investigation to be made by such person as the Magistrate thinks fit.
  • The Magistrate may instead summon and examine an expert.

Example of Section 139 CrPC

A Magistrate is holding an inquiry under Section 137 CrPC. Under Section 139 CrPC, the Magistrate may direct a local investigation to be made by Pradeep, a person the Magistrate thinks fit, or may summon and examine an expert.

When Section 139 CrPC Does Not Apply

  • Section 139 CrPC speaks of a local investigation and the examination of an expert. It does not deal with written instructions to the person who makes the local investigation or with the payment of expenses, which Section 140 CrPC addresses.
  • Section 139 CrPC speaks of an inquiry under Section 137 CrPC or Section 138 CrPC. It does not deal with the procedure on an order being made absolute and the consequences of disobedience, which Section 141 CrPC addresses.

Section 139 CrPC Under BNSS 158: What Changed

Section 139 CrPC is now covered under Section 158 BNSS.

Section 158 BNSS has the same heading and the same text as Section 139 CrPC. Section 158 BNSS refers to Section 156 BNSS and Section 157 BNSS where Section 139 CrPC referred to Section 137 CrPC and Section 138 CrPC.

View detailed comparison (CrPC 139 vs BNSS 158) →

FAQs on Section 139 CrPC

For which inquiries may the Magistrate act under Section 139 CrPC?▼

The Magistrate may act for the purposes of an inquiry under Section 137 CrPC or Section 138 CrPC.

What local investigation may the Magistrate direct under Section 139 CrPC?▼

The Magistrate may direct a local investigation to be made by such person as the Magistrate thinks fit.

May the Magistrate examine an expert under Section 139 CrPC?▼

The Magistrate may summon and examine an expert for the purposes of an inquiry under Section 137 CrPC or Section 138 CrPC.

Where is Section 139 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 139 CrPC has no sub-sections, and maps as a whole to Section 158 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·