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Reading: Section 139 CrPC: Magistrate’s Power to Order Local Investigation and Expert Examination
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ApniLaw > Blog > Bare Act > CrPC > Section 139 CrPC: Magistrate’s Power to Order Local Investigation and Expert Examination
CrPC

Section 139 CrPC: Magistrate’s Power to Order Local Investigation and Expert Examination

Apni Law
Last updated: May 26, 2024 12:19 pm
Apni Law
1 year ago
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Section 139 CrPC: Magistrate’s Power to Order Local Investigation and Expert Examination

Contents
1. Code2. Explanation3. Illustration4. Common Question and Answers

1. Code

The Indian Code of Criminal Procedure, 1973 (CrPC) Section 139

2. Explanation

Section 139 CrPC empowers a Magistrate to order a local investigation or expert examination when it is deemed necessary for the investigation of an offense.

  • Local Investigation: This involves the Magistrate visiting the scene of the crime or any other relevant location to gather evidence, observe the surroundings, and understand the circumstances of the offense.
  • Expert Examination: This involves engaging an expert in a particular field (such as medical, scientific, or technical) to examine evidence or provide an opinion on a specific aspect of the case.

The Magistrate has the power to order such investigations even in cases where no formal complaint has been filed.

3. Illustration

Suppose a person is found dead in a building. The Magistrate, in order to ascertain the cause of death and understand the circumstances of the incident, might order the following:

  • Local Investigation: The Magistrate may visit the building, inspect the scene of the incident, and take photographs and measurements of the surroundings.
  • Expert Examination: The Magistrate may order a medical examination of the body by a qualified doctor to determine the cause of death or engage a forensic expert to examine the evidence for traces of poison or other harmful substances.

4. Common Question and Answers

  • Q: Who can order a local investigation or expert examination?
    A: A Magistrate has the power to order such investigations under Section 139 CrPC.
  • Q: When can such an order be made?
    A: It can be ordered when the Magistrate deems it necessary for the investigation of an offense. This can even be before a formal complaint is filed.
  • Q: What are the types of experts who can be engaged?
    A: The expert can be in any field relevant to the case, including medical, scientific, or technical fields.
  • Q: What are the legal consequences of failing to comply with an order under Section 139 CrPC?
    A: Failing to comply with such an order can be considered contempt of court and attract penal consequences.

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TAGGED:Criminal Procedure CodeCrPCEvidence LawExpert ExaminationForensic ScienceIndian LawLegal ProcedureLocal InvestigationMagistrate PowerSection 139
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