Section 178 BNSS: Power to hold investigation or preliminary inquiry (Formerly Section 159 CrPC)

Section 178 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to hold investigation or preliminary inquiry

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Magistrate, on receiving a report under section 176, 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 Sanhita.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 178

Section 178 empowers the Magistrate, on receiving an investigation report under Section 176, to direct an investigation, or proceed immediately to hold a preliminary inquiry into the case, or depute a subordinate Magistrate.

Receipt of Report: Jurisdictional Magistrate receives the preliminary report under Section 176.
Magisterial Options: Magistrate may: (1) direct police to proceed with investigation; (2) personally hold a preliminary inquiry; or (3) depute a subordinate magistrate to hold an inquiry.
Judicial Oversight Over Inaction: Empowers the magistrate to intervene if police report indicates refusal to investigate.

Key Landmark Precedents:

Tula Ram v. Kishore Singh (1977) 4 SCC 459: The Supreme Court explained that Section 159 CrPC (Section 178 BNSS) is designed to give the magistrate judicial control over the police when the police decide not to investigate a cognizable complaint.
Sakiri Vasu v. State of U.P. (2008) 2 SCC 409: The Supreme Court held that the Magistrate has wide supervisory powers under the Code to monitor police investigation and ensure that it is conducted fairly and expeditiously.

Courtroom Practice & Strategic Litigation Guidance:

If the police file a preliminary report under Section 176(2) refusing to investigate a serious crime, file an application before the Magistrate under Section 178 praying for a judicial preliminary inquiry or a direct order to investigate.