1. CRIMINAL PROCEDURAL CODE, 1973
CHAPTER XII
SECTION 159: Power to hold investigation or preliminary
inquiry
BY ARUNDHATI BANERJEE
2. BARE ACT LANGUAGE EXPLAINED
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.
OCCURRENCE REPORT
FLOW CHART FOR EASY EXPLANATION
MAGISTRATE
RECEIVED AN
OCCURRENCE REPORT
DIRECTS AN
INVESTIGATION
PROCEED
HIMSELF
DEPUTE ANY
SUBORDINATE
MAGISTRATE
HOLD PRELIMINARY
INQUIRY
DISPOSE OF
3. POINTS TO REMEMBER
• The Magistrate may dismiss the case if there is no sufficient ground to proceed or he may proceed
under this Section. An inquiry under this Section can be made only on police report.
• The words ‘such report’ mean the first information report submitted under Section 157 before
investigation. They do not include the final report under Section 173 or the report submitted
under Section 202.
• No magistrate can under this section suspend investigation by police which has already
commenced and direct a Magisterial inquiry.
• The investigation is not registered at this stage. Inquiry has to be done only by the Magistrate or
by Court.
4. CASES RELATED TO THIS SECTION
S.N. SHARMA vs. BIPEN KUMAR AIR 1970
Under Section 159 the Magistrate receiving the report of a police officer under Section 157 may direct an
investigation, or if he thinks fit, may at once proceed to depute any subordinate magistrate to proceed to
hold a preliminary enquiry. This provision does not confer a Magistrate a general power to direct
investigation. The power to direct investigation is to be used when it appears from the police report under
Section 157 that the police are neglecting their duties. The power of the police to investigate any cognizable
offence is uncontrolled by the Magistrate, and it is only in cases where the police decide not to investigate
the case that the Magistrate can intervene and either direct investigation, or in the alternative, himself
proceed to enquire into the case.
5. DISTINCTION BETWEEN SECTION 156(3) AND SECTION
159
• SECTION 156(3) – The Judicial Magistrate may himself order investigation or when police officer
refused to take FIR. Judicial magistrate orders police officer to lodge FIR and investigate.
• SECTION 159 – FIR has already been recorded he is clearly declaring that he will not investigate, now
the Judicial Magistrate may order an investigation. It is a matter of privileged communication between
the police officer and the Judicial magistrate.
• Still this does not accrue any right to the informant to file an application to investigate under Section
159. He may do so under Section 156(3).
• It may be noted that a preliminary inquiry prior to the registration of the case even if by the DSP is not
a part of the investigation. An inquiry is never conducted by the police.
• The Magistrate may dismiss the case if there is not sufficient ground to proceed under this Section. An
inquiry under this Section can be made only on police report.
