CrPC Section 148 — Local inquiry

Summary

Sub-section (1) allows a District Magistrate or Sub-divisional Magistrate, when a local inquiry is needed for proceedings under section 145, 146 or 147, to assign a subordinate Magistrate to conduct it. The assigning Magistrate may give written instructions for the inquiry and may decide who must pay all or part of its necessary expenses.

Sub-section (2) allows the report of the Magistrate assigned to conduct the inquiry to be read as evidence in the case.

Sub-section (3) allows the Magistrate deciding a proceeding under section 145, 146 or 147 to direct who must pay costs incurred by a party. The costs may be assigned to that party or another party, in full or in part or in a proportion. They may include witness expenses and pleaders’ fees that the Court considers reasonable.

Official 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.

Sections referred to

• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace
• CrPC §146 — Power to attach subject of dispute and to appoint receiver
• CrPC §147 — Dispute concerning right of use of land or water

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §274 — Record in summons-cases and inquiries

Old <-> New Code Mapping

• BNSS §167 — Local inquiry