418 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 159
I. The Magistrate, on receiving such report, may direct an investigation or may at once proceed and ask subordinate Magistrate to hold a preliminary inquiry into or otherwise dispose of the case in manner provided by the case.
This is a preliminary report before completion of the investigation. The Magistrate can act under Section 159. But if the report is submitted after investigation, the Magistrate is not empowerd to act under this Section.
II. The aggrieved party may move.
If the police do not move, then they have the following powers ;
Section 160
(1) to require attendance of witnesses by an order in writing.
Witnesses are not required to tell the truth under this Section. If they give false testimony they cannot be prosecuted.
They don’t sign it.
It is made before police.
Section 161
Police may examine witnesses acquainted with the facts of the case.
(2) Such witnesses shall be bound to answer all questions put to them, unless the question incriminates them.
Although Police can take statements from witnesses yet
Section 162
(a) they shall not be signed by them,
(b) they shall not be made use of at any inquiry or trial, in respect of any offence under investigation at the time when such statement was made.
Provided that, on the request of the accused, the Court shall refer to such writing and direct that the accused be given a copy thereof for contradicting such witness, provided that Court may exclude that part which is irrelevant or its disclosure is inexpedient with interests of the public or does not promote the ends of justice.
In short, they do not form evidence which can be said to be admissible.
If such statements are to be treated as evidence, then they must be recorded by Magistrates and not Police Officers. Consequently provision is made in the Criminal Procedure Code.