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Section 159 — Power to hold investigation or preliminary inquiry
159
159
Power to hold investigation or preliminary inquiry
Code of Criminal Procedure, 1973
Chapter XII Information to The Police and Their Powers to Investigate
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Judge'S PowersInvestigationPreliminary InquiryCriminal Procedure
🗣️ Simple Explanation
What does this law say? Section 159 of the CrPC explains what a judge can do after receiving a police report. The judge can order an investigation. Or, the judge can hold a preliminary inquiry.
Why does this law exist? This law gives the judge control over the investigation process. It ensures that the investigation is done properly. It also helps to protect the rights of the accused.
Real-life impact After a crime is reported, the judge receives a report. The judge can then decide whether to order a full investigation or conduct a preliminary inquiry. This helps to decide if there is enough evidence to proceed.
What happens if you break this law? This section does not specify a punishment. It outlines the judge's powers. If the judge does not follow this procedure, the investigation might be affected.
💡 Real Life Example

Amit is accused of an Instagram scam. The judge receives the police report. Under Section 159, the judge can order a full investigation. This investigation will gather more evidence. Amit could face arrest and trial.

Sneha is involved in a society dispute. The judge receives the police report. The judge might decide to hold a preliminary inquiry. This inquiry will help to determine if there is enough evidence to proceed. The parties involved could face legal action.

🛡️ KNOW YOUR RIGHTS
  • •Know that the judge can order an investigation.
  • •Understand the judge can hold an inquiry.
  • •Be aware of the judge's role.
  • •Seek legal advice if you are involved.
❓ FREQUENTLY ASKED QUESTIONS
Section 159 of the CrPC explains what a judge can do after receiving a police report. The judge can order an investigation. Or, the judge can hold a preliminary inquiry. This helps the judge to decide how to proceed with the case and ensure justice is served.
Section 159 itself does not specify a punishment. It outlines the judge's powers. The punishment for the actual crime being investigated will depend on the specific offense committed. The police will investigate the crime and then the accused will be punished under the relevant sections of the law.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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