Section 178 of BNSS : Section 178: Power to hold investigation or preliminary inquiry.

Explanation using Example

Example 1:

Scenario: A local shopkeeper, Mr. Sharma, reports to the police that his shop was broken into and goods worth Rs. 50,000 were stolen. The police register the case and conduct an initial investigation. They then submit a report under Section 176 to the Magistrate.

Application of Section 178: The Magistrate, upon receiving the report, decides that the case requires further investigation. He directs the police to conduct a more detailed investigation to gather additional evidence and identify the culprits. Alternatively, if the Magistrate believes the case is straightforward, he may choose to conduct a preliminary inquiry himself or assign a subordinate Magistrate to do so. This preliminary inquiry could involve questioning witnesses, reviewing evidence, and determining whether there is enough basis to proceed with a trial.

Example 2:

Scenario: Ms. Gupta files a complaint with the police alleging that her neighbor, Mr. Verma, has been harassing her and making threats. The police conduct a preliminary investigation and submit their findings to the Magistrate under Section 176.

Application of Section 178: The Magistrate, after reviewing the police report, decides that the matter needs a preliminary inquiry to ascertain the severity of the allegations and the credibility of the evidence. He assigns a subordinate Magistrate to conduct this inquiry. The subordinate Magistrate interviews Ms. Gupta, Mr. Verma, and other witnesses, and reviews any available evidence such as messages or recordings. Based on the findings of this preliminary inquiry, the Magistrate will decide whether to proceed with formal charges against Mr. Verma or to dismiss the case if the evidence is insufficient.