Section 140 CrPC: Magistrate’s Power to Issue Written Instructions

Code:

(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may–

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(a) furnish such person with such written instructions as may seem necessary for his guidance;

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(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

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(2) The report of such person may be read as evidence in the case.

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(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

Explanation:

This section empowers a Magistrate to issue written instructions to any police officer or public servant, within his/her local jurisdiction, to prevent the commission of any cognizable offense, or to maintain public tranquility. Key features of Section 140:

• Applies to any police officer or public servant within the Magistrate’s jurisdiction.
• The purpose is to prevent the commission of cognizable offenses or to maintain public tranquility.
• The instructions must be in writing.

Illustration:

Imagine a situation where there is a high risk of communal violence in a certain area. A Magistrate, anticipating such an event, can issue written instructions to the local police to increase patrolling in the area, restrict public gatherings, and maintain law and order.

Common Questions and Answers:

Q: Can the Magistrate issue oral instructions?

A: No, Section 140 specifically states that the instructions must be in writing. Oral instructions are not valid under this section.

Q: What happens if a police officer disobeys the Magistrate’s instructions?

A: Disobeying the Magistrate’s instructions under this section can result in disciplinary action against the police officer.

Q: Is the Magistrate’s decision to issue instructions subject to judicial review?

A: Yes, the Magistrate’s decision to issue instructions is subject to judicial review. The Courts can examine the validity of the instructions and the Magistrate’s justification for issuing them.