Local inquiry
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Summary
When a local inquiry is needed for the purposes of sections 164, 165 or 166, the District or Sub-divisional Magistrate may deputise a subordinate magistrate, give written instructions, and decide who will pay the inquiry expenses. The deputed magistrate's report may be read as evidence. The magistrate deciding the matter can also order any party to pay costs, wholly or partly, including reasonable witness expenses and advocates' fees.
Example
Priya files an FIR alleging theft and the magistrate orders a local inquiry to question neighbours and collect evidence. The District Magistrate deputes a subordinate magistrate; the deputed officer's report is read as evidence, and the magistrate orders the accused to pay part of the inquiry costs, including witness travel and a portion of advocate fees.
Bare Act
Enacted text(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, 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 164, section 165 or section 166, 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 advocates' fees, which the Court may consider reasonable.
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