Section 148 CrPC: Local inquiry

Code of Criminal Procedure, 1973

Section 148 CrPC at a Glance

Section 148 CrPC deals with local inquiry. From 1 July 2024 it is replaced by Section 167 BNSS.

Now BNSS

What Section 148 CrPC Says

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.

Source: Section 148, Code of Criminal Procedure, 1973

Section 148 CrPC in Simple Words

Section 148 of the Code of Criminal Procedure, 1973 deals with a local inquiry. Under Section 148(1) CrPC, whenever a local inquiry is necessary for the purposes of Section 145 CrPC, Section 146 CrPC or Section 147 CrPC, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry, may furnish written instructions, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

Under Section 148(2) CrPC, the report of the person so deputed may be read as evidence in the case. Under Section 148(3) CrPC, the Magistrate passing a decision may direct by whom costs shall be paid.

When Section 148 CrPC Applies

Section 148(1) CrPC applies whenever a local inquiry is necessary for the purposes of Section 145 CrPC, Section 146 CrPC or Section 147 CrPC.
A District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry.
The District Magistrate or Sub-divisional Magistrate may furnish written instructions as may seem necessary for guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
Under Section 148(2) CrPC, the report of the person so deputed may be read as evidence in the case.
Section 148(3) CrPC applies when any costs have been incurred by any party to a proceeding under Section 145 CrPC, Section 146 CrPC or Section 147 CrPC. 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.
The costs may include any expenses incurred in respect of witnesses and of pleaders fees, which the Court may consider reasonable.

Example of Section 148 CrPC

Hari and Gopal are parties to a proceeding under Section 145 CrPC. A District Magistrate considers a local inquiry necessary. Under Section 148(1) CrPC, the District Magistrate may depute a Magistrate subordinate to the District Magistrate to make the inquiry, and may declare by whom the necessary expenses of the inquiry shall be paid. Under Section 148(2) CrPC, the report of the person so deputed may be read as evidence in the case. Under Section 148(3) CrPC, the Magistrate passing a decision may direct by whom costs shall be paid, whether by Hari or by Gopal, in whole or in part or proportion.

When Section 148 CrPC Does Not Apply

Section 148 CrPC speaks of a local inquiry for the purposes of Section 145 CrPC, Section 146 CrPC or Section 147 CrPC. It does not deal with a local investigation directed by a Magistrate under Section 139 CrPC.
Section 148(3) CrPC speaks of costs in a proceeding under Section 145 CrPC, Section 146 CrPC or Section 147 CrPC. It does not deal with the costs of summoning and examining an expert, which Section 140(3) CrPC addresses.

Section 148 CrPC Under BNSS 167: What Changed

Section 148 CrPC is now covered under Section 167 BNSS.

Section 167 BNSS has the same heading as Section 148 CrPC and the same text, except as follows. Section 167(1) BNSS and Section 167(3) BNSS refer to Section 164 BNSS, Section 165 BNSS and Section 166 BNSS where Section 148(1) CrPC and Section 148(3) CrPC referred to Section 145 CrPC, Section 146 CrPC and Section 147 CrPC. Section 167(3) BNSS reads advocates fees where Section 148(3) CrPC read pleaders fees.

View detailed comparison (CrPC 148 vs BNSS 167) →

FAQs on Section 148 CrPC

Who may depute a Magistrate to make a local inquiry under Section 148(1) CrPC?▼

A District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to the District Magistrate or Sub-divisional Magistrate to make the inquiry, whenever a local inquiry is necessary for the purposes of Section 145 CrPC, Section 146 CrPC or Section 147 CrPC.

May the report be read as evidence under Section 148(2) CrPC?▼

The report of the person so deputed may be read as evidence in the case.

Who may direct by whom costs shall be paid under Section 148(3) CrPC?▼

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.

Where is Section 148 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 148(1) CrPC is found in Section 167(1) BNSS, Section 148(2) CrPC in Section 167(2) BNSS and Section 148(3) CrPC in Section 167(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·