Section 148 CrPC: Local Inquiry
Section 148 of the Code of Criminal Procedure, 1973 provided a procedure for a local inquiry when such an inquiry was necessary in preventive proceedings concerning disputes dealt with under Sections 145, 146 or 147 CrPC.
What did Section 148 CrPC provide?
The provision enabled a District Magistrate or Sub-divisional Magistrate to depute a subordinate Magistrate to conduct a local inquiry where it was necessary for proceedings under Sections 145, 146 or 147. The deputing Magistrate could issue written instructions for the inquiry and determine responsibility for the necessary expenses.
Section 148(1) - Power to order a local inquiry
Where a local inquiry was necessary for the purposes of Section 145, Section 146 or Section 147, the District Magistrate or Sub-divisional Magistrate could depute a Magistrate subordinate to him to conduct it. Written directions could be supplied for guidance, and responsibility for all or part of the inquiry expenses could also be declared.
Section 148(2) - Inquiry report as evidence
The report prepared by the Magistrate deputed to conduct the local inquiry could be read as evidence in the proceeding. The local inquiry therefore provided the deciding Magistrate with evidentiary material concerning the dispute.
Section 148(3) - Costs of proceedings
Where a party incurred costs in proceedings under Sections 145, 146 or 147, the Magistrate deciding the proceeding could direct which party should bear those costs, wholly, partly or proportionately. Reasonable expenses relating to witnesses and pleaders' fees could be included.
Meaning and purpose of a local inquiry
A local inquiry under Section 148 was an auxiliary fact-finding procedure. It could assist the Magistrate where the nature, location, possession or use of land or water, or another physical circumstance relevant to proceedings under Sections 145 to 147, required examination at the locality. The provision did not itself create a substantive right to property; it supplied a procedural mechanism for the preventive jurisdiction exercised under those sections.
Sections connected with Section 148 CrPC
Section 145 CrPC dealt with disputes concerning land or water that were likely to cause a breach of the peace. Section 146 CrPC dealt with attachment of the subject of dispute and appointment of a receiver in specified circumstances. Section 147 CrPC dealt with disputes concerning an alleged right of user of land or water.
Who could conduct the inquiry?
The statutory power to depute another Magistrate belonged to the District Magistrate or Sub-divisional Magistrate. The person deputed had to be a Magistrate subordinate to the authority making the deputation. The written instructions contemplated by Section 148(1) could define the matters requiring local examination and guide the conduct of the inquiry.
Evidentiary value of the report
Section 148(2) expressly permitted the report of the deputed Magistrate to be read as evidence. Its role was connected with the preventive proceeding in which the local inquiry had been ordered. The ultimate decision remained with the Magistrate dealing with the proceeding under the relevant provision.
Costs and expenses
Section 148 distinguished between expenses of conducting the local inquiry and costs incurred by parties in the proceeding. Under sub-section (1), the deputing authority could determine who would pay the necessary inquiry expenses. Under sub-section (3), the Magistrate passing the decision could allocate party costs and could include reasonable witness expenses and pleaders' fees.
Important practical point
Section 148 should be read together with the particular proceeding for which the inquiry was required. Its operation depended on a proceeding under Section 145, 146 or 147 and on the Magistrate considering a local inquiry necessary for that purpose.
Official statutory source
For the authoritative text of the Code of Criminal Procedure, 1973, refer to the official India Code publication. This page is an explanatory article and should be read with the statutory text applicable to the relevant proceeding.