Section 148 CrPC - Local Inquiry and Section 167 BNSS
Section 148 of the Code of Criminal Procedure, 1973 governed local inquiries in disputes concerning possession or use of land and water. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 167, which has applied from 1 July 2024, subject to applicable saving and transitional provisions.
What is a local inquiry?
A local inquiry is a fact-finding inquiry carried out by a Magistrate deputed to examine circumstances relevant to a dispute involving land, water, boundaries or rights of use. It assists the deciding Magistrate in proceedings intended to prevent a breach of the peace. It is not, by itself, a final adjudication of ownership or civil title.
Section 167 BNSS - Current legal provisions
Sub-section (1): Power to depute a Magistrate
Where a local inquiry is necessary for the purposes of Sections 164, 165 or 166 BNSS, the District Magistrate or Sub-divisional Magistrate may depute a Magistrate subordinate to him. Written instructions may be provided for the inquiry, and the authority may declare who must bear all or part of its necessary expenses.
Sub-section (2): Evidentiary value of the report
The report of the deputed Magistrate may be read as evidence in the case. The provision permits its consideration but does not state that the report is conclusive or that the deciding Magistrate must accept every finding.
Sub-section (3): Costs of proceedings
The Magistrate passing a decision in proceedings under Sections 164, 165 or 166 may determine how costs are to be paid by the parties, in whole or in part or proportion. Reasonable expenses of witnesses and advocates' fees may be included.
Related provisions for land and water disputes
| Earlier CrPC | Current BNSS | Subject |
|---|---|---|
| Section 145 | Section 164 | Disputes concerning land or water likely to cause a breach of peace |
| Section 146 | Section 165 | Attachment of disputed property and appointment of receiver |
| Section 147 | Section 166 | Disputes concerning right of use of land or water |
| Section 148 | Section 167 | Local inquiry and allocation of costs |
Original Section 148 CrPC - Statutory text
148. Local inquiry
(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.
How a local inquiry works in practice
- Need for inquiry: A relevant dispute is pending under the applicable land or water dispute provisions.
- Delegation: The District Magistrate or Sub-divisional Magistrate selects a subordinate Magistrate and may issue written directions.
- Fact-finding: The deputed Magistrate conducts the inquiry within the scope of the directions and submits a report.
- Consideration: The deciding Magistrate may read the report as evidence alongside other material.
- Costs: The deciding Magistrate may allocate reasonable proceeding costs as permitted by law.
Because these proceedings are preventive, questions of permanent title, ownership and substantive civil rights may require adjudication by a competent civil court.
Frequently asked questions
What is Section 148 CrPC?
Section 148 CrPC allowed a District Magistrate or Sub-divisional Magistrate to depute a subordinate Magistrate to conduct a local inquiry for proceedings under Sections 145, 146 or 147.
Which provision replaces Section 148 CrPC?
Section 167 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision for local inquiry in proceedings under BNSS Sections 164, 165 and 166.
Can a local inquiry report be used as evidence?
Yes. Section 167(2) BNSS provides that the report of the deputed Magistrate may be read as evidence in the case.
Who bears the expenses of a local inquiry?
The District Magistrate or Sub-divisional Magistrate may specify who pays inquiry expenses, and the Magistrate deciding the proceeding may allocate reasonable costs under Section 167(3) BNSS.
Official legal references
For the operative statutory wording and commencement details, consult the India Code entry for the BNSS, 2023, the National Crime Records Bureau's BNSS chapter text, and the Bureau of Police Research and Development's new criminal laws resources.
This article is for general legal information. The facts of a particular dispute, applicable state provisions and transitional rules may affect the procedure.