Question

The powers under Section 159 of Cr.PC can be exercised by a Magistrate

• A. When the police decides not to investigate the case
• B. When the investigation is still going on
• C. Both (a) and (b)
• D. None of the above

Hint:

Think of Section 159 as the Magistrate's first point of control over a police investigation. On receiving the initial police report (Form 157), the Magistrate can say "Go ahead and investigate," "You must investigate," or "I will conduct a preliminary inquiry myself." It's a versatile supervisory tool.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the circumstances under which a Magistrate can exercise powers under Section 159 of the CrPC.

Step 2: Detailed Explanation:
Section 159 of the CrPC is titled "Power to hold investigation or preliminary inquiry." It states that a Magistrate empowered under Section 190, upon receiving a police report under Section 157, may direct an investigation. Or, if he thinks fit, he may at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into the case, or otherwise to dispose of the case in the manner provided in this Code.
The report under Section 157 is the initial report submitted by the police. It can state either that the police are proceeding with the investigation, or (under Section 157(1)(b)) that the officer does not see sufficient ground for entering on an investigation.
- Therefore, the Magistrate can exercise power under Section 159 when the police are investigating to supervise or hold a parallel preliminary inquiry. This covers option (B).
- The Magistrate can also exercise this power when the police decide not to investigate (as reported under S.157(1)(b)), to direct them to investigate or to conduct an inquiry himself. This covers option (A).
The power under Section 159 is essentially a power of supervision and control over the police investigation at its very initial stage, triggered by the police report under Section 157. It can be exercised in both scenarios.

Step 3: Final Answer:
The powers under Section 159 of the CrPC can be exercised by a Magistrate both when the police decide not to investigate and when the investigation is ongoing.