Section 148 CrPC: Local Inquiry
1. Code:
Section 148 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to conduct a local inquiry.
2. 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.
3. 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
4. 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
