Code:
(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.
Explanation:
This section empowers a Magistrate to hold a local inquiry when it is deemed necessary for the proper investigation of an offense. This inquiry involves visiting the scene of the crime, examining the place, and collecting evidence relevant to the case.
The Magistrate can also record statements from witnesses present at the site, measure distances, and take photographs or sketches to document the scene. The purpose of this local inquiry is to gather firsthand information and understand the context of the alleged offense.
Illustration:
Consider a case of murder where the body was discovered in a park. A Magistrate, while investigating the case, may conduct a local inquiry at the park to:
- Examine the location where the body was found
- Identify any potential weapon or evidence present
- Record statements from witnesses who were in the park at the time
- Take photographs of the scene to document the evidence
Common Questions and Answers:
Q: Who can conduct a local inquiry?
A: A Magistrate, as per Section 148 CrPC, has the power to conduct a local inquiry.
Q: Is the local inquiry mandatory in every case?
A: No, the local inquiry is discretionary. It is conducted only when the Magistrate deems it necessary for a proper investigation.
Q: What are the purposes of a local inquiry?
A:
- To gather firsthand information about the crime scene
- To examine the place and collect evidence
- To record statements of witnesses present at the scene
- To understand the context of the alleged offense
