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:

Understand the sequence of events in a criminal investigation: FIR (S.154) -> Police Report to Magistrate (S.157) -> Magistrate's power to order investigation if police refuse (S.159) -> Investigation by Police (S.156) -> Final Report/Chargesheet (S.173). Knowing this flow helps in placing each section in its correct context.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Section 159 of the Cr.PC provides a mechanism for a Magistrate to ensure that a proper investigation is conducted. It outlines the powers a Magistrate can exercise upon receiving a police report under Section 157.

Step 2: Detailed Explanation:
Section 157 Cr.PC requires the police to send a report to the Magistrate forthwith upon receiving information about a cognizable offence. In this report, the police may state that they will investigate the case, or under the proviso to Section 157(1), they may decide not to investigate if the case is not serious or there are insufficient grounds.
It is upon receiving such a report that Section 159 comes into play. Section 159 states:
"Such Magistrate, on receiving such a 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 the case, or otherwise to dispose of the case in the manner provided in this Code."
This power is a check on the police's discretion not to investigate. The Magistrate can order the police to investigate even if they have decided not to. The power is exercised after the police have made their initial decision and sent their report, specifically in cases where they choose not to proceed. It is not a power to be used while an investigation is already in progress.

Step 3: Final Answer:
The power under Section 159 Cr.PC is exercised by a Magistrate when he receives a report from the police, particularly when the police have decided not to investigate the case.