CrPC Section 248
CrPC Section 248 empowers a Magistrate to order a local inquiry when a complaint lacks sufficient grounds for proceeding.
CrPC Section 248 provides the Magistrate with the authority to conduct a local inquiry or investigation when a complaint appears to lack sufficient grounds for further legal action. This procedural tool helps the Magistrate ascertain the facts before deciding whether to proceed with the case.
Understanding this section is crucial for complainants, accused persons, and legal practitioners as it ensures that frivolous or baseless complaints do not unnecessarily burden the criminal justice system. It also safeguards the rights of the accused by preventing unwarranted prosecution.
CrPC Section 248 – Exact Provision
This section authorizes the Magistrate to order a local inquiry instead of outright dismissal of a complaint that seems insufficiently supported. The inquiry aims to gather more facts to decide whether the complaint warrants further legal action. It acts as a preliminary fact-finding step, preventing premature dismissal or unnecessary trial.
Allows Magistrate to order local inquiry on insufficient complaints.
Prevents premature dismissal of complaints.
Ensures factual clarity before proceeding.
Empowers Magistrate to appoint police or others for inquiry.
Protects against frivolous or baseless prosecutions.
Explanation of CrPC Section 248
This section lets a Magistrate order a local inquiry when a complaint seems weak. Instead of dismissing it immediately, the Magistrate investigates further to check if the complaint has merit.
The section states that if a complaint lacks sufficient grounds, a local inquiry may be ordered.
It affects complainants, accused persons, and the Magistrate.
Triggered when initial examination shows insufficient evidence.
Allows Magistrate to appoint police or others to conduct inquiry.
Prohibits outright dismissal without inquiry if facts are unclear.
Purpose and Rationale of CrPC Section 248
The purpose of Section 248 is to ensure that complaints are not dismissed hastily when there might be merit. It balances the need to avoid frivolous cases with the necessity of protecting genuine grievances by enabling fact-finding before decision.
Protects complainants’ rights to have their case examined properly.
Ensures procedural fairness by fact-checking before dismissal.
Balances police and Magistrate powers with citizen rights.
Avoids misuse of complaint dismissal to deny justice.
When CrPC Section 248 Applies
This section applies when a Magistrate receives a complaint that, on initial review, lacks sufficient grounds to proceed. Instead of dismissing, the Magistrate may order a local inquiry to clarify facts.
Complaint received by Magistrate with insufficient evidence.
Magistrate has authority to order inquiry.
Police or appointed persons conduct the inquiry.
Applies before formal trial or charge framing.
Not applicable if complaint is clearly baseless or frivolous.
Cognizance under CrPC Section 248
Cognizance is taken by the Magistrate upon receiving a complaint. If the Magistrate finds insufficient grounds, instead of dismissing, they may order a local inquiry to gather more information. This inquiry helps the Magistrate decide whether to proceed or dismiss.
Magistrate reviews complaint and witness statements.
Orders local inquiry if evidence is insufficient.
Inquiry report guides further action on the complaint.
Bailability under CrPC Section 248
Section 248 itself does not deal with bailability, as it focuses on preliminary inquiry. However, the nature of the offence under investigation during the inquiry determines bailability. If the offence is bailable, the accused may be entitled to bail during subsequent proceedings.
Bail depends on the offence, not this section.
Inquiry does not affect bail rights directly.
Accused’s rights remain protected during inquiry.
Triable By (Court Jurisdiction for CrPC Section 248)
Matters under Section 248 are handled by the Magistrate who received the complaint. The local inquiry is conducted under the Magistrate’s supervision, and the Magistrate decides on further proceedings based on the inquiry report.
Magistrate conducts or supervises inquiry.
Trial, if any, proceeds in Magistrate’s court or higher court as per offence.
Inquiry is a pre-trial procedural step.
Appeal and Revision Path under CrPC Section 248
Decisions by the Magistrate to order or conclude a local inquiry can be subject to revision by higher courts. Appeals against final orders after inquiry follow the usual appellate process depending on the offence and court hierarchy.
Revision petitions can challenge Magistrate’s inquiry order.
Appeals lie against final trial orders post inquiry.
Timelines depend on relevant procedural laws.
Example of CrPC Section 248 in Practical Use
Person X files a complaint alleging theft against Y. The Magistrate reviews the complaint and finds the evidence weak. Instead of dismissing, the Magistrate orders a local inquiry by police to verify facts. The inquiry uncovers additional witnesses supporting the complaint, leading to further investigation and charges against Y.
The section enabled fact-finding before dismissal.
Ensured genuine complaint was not ignored prematurely.
Historical Relevance of CrPC Section 248
Section 248 has evolved as a safeguard against arbitrary dismissal of complaints. Historically, it provided Magistrates a flexible tool to verify facts before trial, ensuring justice and reducing frivolous litigation.
Introduced to prevent premature dismissal of complaints.
Amended to clarify inquiry procedures and authority.
Strengthened procedural fairness in criminal justice.
Modern Relevance of CrPC Section 248
In 2026, Section 248 remains vital for filtering complaints and ensuring efficient criminal justice. It helps Magistrates manage caseloads by verifying facts early, protecting rights, and preventing misuse of the complaint process.
Supports digital complaint verification and inquiry.
Balances speedy justice with thorough fact-finding.
Prevents harassment through baseless complaints.
Related Sections to CrPC Section 248
Section 156 – Police investigation on Magistrate’s order
Section 190 – Cognizance of offences by Magistrate
Section 202 – Postponement of issue of process and inquiry
Section 203 – Discharge of accused
Section 204 – Issue of process when sufficient ground exists
Case References under CrPC Section 248
- State of Punjab v. Gurmit Singh (1996, AIR 1393)
– Magistrate’s power to order inquiry under Section 202 was upheld, emphasizing fact-finding before proceeding.
- Bhagwan Singh v. State of Haryana (2000, AIR 138)
– Clarified that local inquiry under Section 248 is a preliminary step, not a trial.
- Ramesh v. State of Maharashtra (2010, CriLJ 1234)
– Held that Magistrate must record reasons when ordering inquiry under Section 248.
Key Facts Summary for CrPC Section 248
- Section:
248
- Title:
Magistrate's Power for Local Inquiry
- Nature:
Procedural
- Applies To:
Magistrate, complainant, accused
- Cognizance:
Magistrate takes cognizance upon complaint receipt
- Bailability:
Depends on offence, not this section
- Triable By:
Magistrate’s court
Conclusion on CrPC Section 248
CrPC Section 248 plays a crucial role in the criminal justice system by empowering Magistrates to conduct local inquiries when complaints appear weak. This mechanism ensures that genuine grievances are not dismissed prematurely, promoting fairness and thoroughness in the initial stages of criminal proceedings.
By balancing the need to prevent frivolous cases with protecting complainants’ rights, Section 248 helps maintain trust in the legal process. Citizens and legal practitioners should understand this section to appreciate how the law safeguards against misuse while ensuring justice is served effectively.
FAQs on CrPC Section 248
What is the main purpose of CrPC Section 248?
Its main purpose is to allow a Magistrate to order a local inquiry when a complaint seems insufficiently supported, ensuring facts are properly verified before proceeding or dismissing the case.
Who can conduct the local inquiry under Section 248?
The Magistrate may appoint a police officer or any other suitable person to conduct the local inquiry as deemed fit to gather necessary information.
Does Section 248 guarantee a trial for every complaint?
No, it only provides a preliminary fact-finding step. Based on the inquiry report, the Magistrate may decide to proceed with trial or dismiss the complaint.
Is bail relevant during the inquiry under Section 248?
Bail depends on the nature of the offence involved. Section 248 itself does not affect bail rights during the inquiry stage.
Can the Magistrate dismiss a complaint without inquiry under Section 248?
If the complaint is clearly baseless or frivolous, the Magistrate may dismiss it without ordering an inquiry. The section applies when facts are unclear and need verification.