Section 159 CrPC: Power to hold investigation or preliminary inquiry
Code of Criminal Procedure, 1973
Section 159 CrPC at a Glance
Section 159 CrPC deals with power to hold investigation or preliminary inquiry. From 1 July 2024 it is replaced by Section 178 BNSS.
What Section 159 CrPC Says
159. Power to hold investigation or preliminary inquiry
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.
Source: Section 159, Code of Criminal Procedure, 1973
Section 159 CrPC in Simple Words
Section 159 of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate to direct an investigation or to hold a preliminary inquiry. On receiving a report under Section 157 CrPC, 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 Code.
When Section 159 CrPC Applies
- Such Magistrate, on receiving such report, 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 Code.
Example of Section 159 CrPC
When Section 159 CrPC Does Not Apply
- Section 159 CrPC speaks of a Magistrate on receiving such report. 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 157 CrPC.
- Section 159 CrPC speaks of the manner provided in this Code. It does not set out that manner in its own words.
Section 159 CrPC Under BNSS 178: What Changed
Section 159 CrPC is now covered under Section 178 BNSS.
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 detailed comparison (CrPC 159 vs BNSS 178) →FAQs on Section 159 CrPC
What may a Magistrate do on receiving a report under Section 159 CrPC?▼
Section 159 of the Code of Criminal Procedure, 1973 provides that 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.
May a Magistrate depute another Magistrate under Section 159 CrPC?▼
Yes. Section 159 CrPC 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 159 CrPC?▼
Section 159 CrPC provides that the preliminary inquiry, or the disposal of the case, is in the manner provided in this Code.
Where is Section 159 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 159 CrPC has no sub-sections, and maps as a whole to Section 178 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·