Section 140 CrPC: Power of Magistrate to furnish written instructions, etc

Code of Criminal Procedure, 1973

Section 140 CrPC at a Glance

Section 140 CrPC deals with power of Magistrate to furnish written instructions, etc. From 1 July 2024 it is replaced by Section 159 BNSS.

Now BNSS

Section 159 →

What Section 140 CrPC Says

140. Power of Magistrate to furnish written instructions, etc

(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may—

(a) furnish such person with such written instructions as may seem necessary for his guidance;

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

Source: Section 140, Code of Criminal Procedure, 1973

Section 140 CrPC in Simple Words

Section 140 of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate who directs a local investigation by any person under Section 139 CrPC. Under Section 140(1) CrPC, the Magistrate may furnish that person with such written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

Under Section 140(2) CrPC, the report of that person may be read as evidence in the case. Under Section 140(3) CrPC, where the Magistrate summons and examines an expert under Section 139 CrPC, the Magistrate may direct by whom the costs of the summoning and examination shall be paid.

When Section 140 CrPC Applies

  • Section 140(1) CrPC applies where the Magistrate directs a local investigation by any person under Section 139 CrPC.
  • The Magistrate may furnish that person with such written instructions as may seem necessary for guidance.
  • The Magistrate may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
  • Under Section 140(2) CrPC, the report of that person may be read as evidence in the case.
  • Section 140(3) CrPC applies where the Magistrate summons and examines an expert under Section 139 CrPC. The Magistrate may direct by whom the costs of the summoning and examination shall be paid.

Example of Section 140 CrPC

A Magistrate directs a local investigation by Manoj under Section 139 CrPC. Under Section 140(1) CrPC, the Magistrate may furnish Manoj with such written instructions as may seem necessary for guidance, and may declare by whom the necessary expenses of the local investigation shall be paid. Under Section 140(2) CrPC, the report of Manoj may be read as evidence in the case.

When Section 140 CrPC Does Not Apply

  • Section 140(1) CrPC speaks of a local investigation directed under Section 139 CrPC. It does not deal with the power to direct a local investigation or to summon and examine an expert, which Section 139 CrPC addresses.
  • Section 140(2) CrPC speaks of the report of the person who makes the local investigation. It does not deal with the report of a Magistrate deputed to make a local inquiry, which Section 148(2) CrPC addresses.

Section 140 CrPC Under BNSS 159: What Changed

Section 140 CrPC is now covered under Section 159 BNSS.

Section 159 BNSS has the same heading and the same text as Section 140 CrPC. Section 159(1) BNSS and Section 159(3) BNSS refer to Section 158 BNSS where Section 140(1) CrPC and Section 140(3) CrPC referred to Section 139 CrPC.

View detailed comparison (CrPC 140 vs BNSS 159) →

FAQs on Section 140 CrPC

What may the Magistrate furnish to the person under Section 140(1) CrPC?▼

The Magistrate may furnish the person who makes the local investigation with such written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

May the report be read as evidence under Section 140(2) CrPC?▼

The report of the person who makes the local investigation may be read as evidence in the case.

What may the Magistrate direct under Section 140(3) CrPC?▼

Where the Magistrate summons and examines an expert under Section 139 CrPC, the Magistrate may direct by whom the costs of the summoning and examination shall be paid.

Where is Section 140 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 140(1) CrPC is found in Section 159(1) BNSS, Section 140(2) CrPC in Section 159(2) BNSS and Section 140(3) CrPC in Section 159(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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