Section 158 CrPC: Report how submitted

Code of Criminal Procedure, 1973

Section 158 CrPC at a Glance

Section 158 CrPC deals with report how submitted. From 1 July 2024 it is replaced by Section 177 BNSS.

Now BNSS

Section 177 →

What Section 158 CrPC Says

158. Report how submitted

(1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Source: Section 158, Code of Criminal Procedure, 1973

Section 158 CrPC in Simple Words

Section 158 of the Code of Criminal Procedure, 1973 deals with how a report to a Magistrate is submitted. Under Section 158(1) CrPC, this covers every report sent to a Magistrate under Section 157 CrPC.

If the State Government so directs, the report shall be submitted through a superior officer of police. The State Government appoints that superior officer for this purpose, by general order or by special order.

Under Section 158(2) CrPC, the superior officer may give the officer in charge of the police station any instructions the superior officer thinks fit. The superior officer shall transmit the report to the Magistrate without delay, but only after recording those instructions on the report.

When Section 158 CrPC Applies

  • Section 158(1) CrPC applies to every report sent to a Magistrate under Section 157 CrPC.
  • Such a report shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
  • Under Section 158(2) CrPC, such superior officer may give such instructions to the officer in charge of the police station as he thinks fit.
  • Such superior officer shall, after recording such instructions on such report, transmit the same to the Magistrate.

Time Limits Under Section 158 CrPC

  • Section 158(2) CrPC says that such superior officer shall transmit the same without delay to the Magistrate.Act text: “transmit the same without delay to the Magistrate”

Example of Section 158 CrPC

A report is sent to a Magistrate under Section 157 CrPC, and the State Government so directs. Rajesh is the superior officer of police whom the State Government, by general order, appoints in that behalf. Under Section 158(1) CrPC, the report is submitted through Rajesh. Under Section 158(2) CrPC, Rajesh may give such instructions to the officer in charge of the police station as Rajesh thinks fit, and shall, after recording such instructions on the report, transmit the same without delay to the Magistrate.

When Section 158 CrPC Does Not Apply

  • Section 158(1) CrPC speaks of a report sent to a Magistrate under Section 157 CrPC. It does not deal with the report of a police officer on completion of investigation under Section 173 CrPC.
  • Section 158(2) CrPC speaks of the superior officer transmitting the report to the Magistrate. It does not deal with the action of the Magistrate on the report.

Section 158 CrPC Under BNSS 177: What Changed

Section 158 CrPC is now covered under Section 177 BNSS.

Section 177 BNSS has the same heading and the same text as Section 158 CrPC. Section 177(1) BNSS refers to Section 176 BNSS where Section 158(1) CrPC referred to Section 157 CrPC.

View detailed comparison (CrPC 158 vs BNSS 177) →

FAQs on Section 158 CrPC

Through whom is a report submitted under Section 158 CrPC?▼

Every report sent to a Magistrate under Section 157 CrPC shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

What may the superior officer do under Section 158(2) CrPC?▼

Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit.

When must the superior officer transmit the report to the Magistrate under Section 158 CrPC?▼

Such superior officer shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Where is Section 158 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 158(1) CrPC is found in Section 177(1) BNSS and Section 158(2) CrPC in Section 177(2) 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: 26 Oct 2026 ·