Section 139 CrPC: Magistrate's Power to Direct Local Investigation and Examine an Expert

Section 139 CrPC: Text of the Former Provision

Power of Magistrate to direct local investigation and examination of an expert.

This provision operated alongside Section 137 CrPC, concerning denial of the existence of a public right, and Section 138 CrPC, concerning the inquiry when the person concerned appeared to show cause.

Section 158 BNSS: Corresponding Law in Force

Section 158, Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Magistrate to direct local investigation and examination of an expert.

The substantive power is retained, with the references updated from Sections 137 and 138 CrPC to Sections 156 and 157 BNSS.

Meaning and Scope of the Magistrate's Power

1. Local investigation

A local investigation is an inquiry conducted at or concerning the relevant location to help establish facts material to a public nuisance proceeding. The Magistrate may select a suitable person to undertake it. Depending on the dispute, an investigation may help clarify the condition of a pathway, obstruction, drainage, public access or other relevant physical circumstances.

2. Examination of an expert

The Magistrate may summon and examine a person with relevant specialised knowledge, such as an engineer, surveyor or technical professional, where expert assistance is useful to the inquiry. The statutory wording confers discretion; it does not make expert examination mandatory in every case.

3. Connection with public nuisance inquiries

These powers are ancillary to the inquiry procedure for conditional orders concerning public nuisance. Section 152 BNSS broadly corresponds to the former Section 133 CrPC. Sections 156 and 157 BNSS address the denial of public rights and the procedure when cause is shown against an order.

Instructions, Costs and Evidentiary Use

Section 159 BNSS (corresponding to Section 140 CrPC) supplements Section 158:

• The Magistrate may give written instructions to the person conducting the local investigation.
• The Magistrate may determine who will pay all or part of the necessary investigation expenses.
• The investigator's report may be read as evidence in the case.
• The Magistrate may direct who will bear the costs of summoning and examining an expert.

The report or expert evidence must be considered within the applicable procedure and the facts of the particular inquiry. The existence of a power to obtain assistance does not itself determine the final outcome.

Practical Example

Suppose a conditional order concerns an alleged obstruction of a public pathway and the parties dispute whether the route is used by the public. During the relevant statutory inquiry, the Magistrate may consider a local investigation to assess physical features and may examine a surveyor or other expert if technical evidence is necessary.

Frequently Asked Questions

Is Section 139 CrPC still in force?

No. The CrPC was repealed with effect from 1 July 2024, subject to the transitional and savings provisions under Section 531 BNSS.

Which BNSS provision replaces Section 139 CrPC?

Section 158 BNSS contains the corresponding power to direct a local investigation or summon and examine an expert.

Can the Magistrate appoint any person for local investigation?

The statutory language permits the Magistrate to select such person as the Magistrate thinks fit for the specified inquiry, subject to applicable law and procedural fairness.

Official Legal Sources

Read the legislation on the India Code official portal and the Bureau of Police Research and Development BNSS reference PDF. For the current statute, see Sections 152, 156, 157, 158, 159 and 531 BNSS.

Updated: 17 October 2026. This article is general legal information, not advice for a specific case. Check applicable amendments, notifications and savings provisions before relying on a statutory reference.