B.--Public nuisancesCentral

Section 139 of The Code of Criminal Procedure, 1973

The Magistrate may, for the purposes of an inquiry under section 137 or section 138--

(a)direct a local investigation to be made by such person as he thinks fit; or
(b)summon and examine an expert.

Summary

The Magistrate can order a site inspection to gather facts for a nuisance case.
This power is available for inquiries being conducted under either Section 137 or Section 138.
The Magistrate can choose any person they consider appropriate to perform this local investigation.
This section also allows the Magistrate to seek specialized help during an inquiry.
The Magistrate has the authority to officially summon and question an expert witness.

Practical examples

1In a case about an old building possibly falling down, the Magistrate isn't sure of the danger. He uses this section to appoint a local builder to visit the property and report on its structural integrity.

2During an inquiry about whether a factory's waste is dangerous, the Magistrate summons a chemistry professor to act as an expert and explain the environmental impact of the waste.

FAQ

1. Can a Magistrate order a site visit under Section 139 of the Code of Criminal Procedure?

Yes. Under Section 139 of the Code of Criminal Procedure, 1973, a Magistrate can direct a local investigation to be made by any person they think fit for inquiries under Section 137 or 138.

2. Who can perform a local investigation under CrPC Section 139?

Under Section 139 of the Code of Criminal Procedure, 1973, the Magistrate can direct such person as he thinks fit to conduct the investigation.

3. Does Section 139 of the 1973 Code allow for expert witnesses?

Yes. Section 139 of the Code of Criminal Procedure, 1973, empowers the Magistrate to summon and examine an expert for the purpose of the inquiry.

Test yourself

Q1.Under Section 139 of The Code of Criminal Procedure, 1973, for which specific sections can a Magistrate direct a local investigation?

Q2.Who does Section 139 of The Code of Criminal Procedure, 1973, authorize to perform a local investigation?

Q3.Under Section 139 of The Code of Criminal Procedure, 1973, what can a Magistrate do to assist in a Section 137 inquiry?

Q4.For an inquiry under Section 138 of The Code of Criminal Procedure, 1973, which action is specifically authorized by Section 139?

138PreviousSection 138 Procedure where he appears to show cause.140NextSection 140 Power of Magistrate to furnish written instructions, etc.

←Section 138 Section 140→