Chapter X
Section 148 CrPC: Local inquiry
New Law Update (2024)
Section 168 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Whenever a local inquiry is necessary for the purposes of Section 145, Section 146 or Section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under Section 145, Section 146 or Section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion, and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.
Important Sub-Sections Explained
Section 148(1)
This sub-section empowers a District or Sub-divisional Magistrate to order a local inquiry when disputes concerning land or water are likely to cause a breach of peace, and to delegate this task to a subordinate Magistrate, also deciding who bears the inquiry’s expenses.
Section 148(2)
This crucial sub-section clarifies that the report submitted by the Magistrate who conducted the local inquiry is admissible and may be considered as evidence in the main case under Sections 145, 146, or 147 CrPC.