Code: Section 347 BNSS
347.
(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offense is alleged to have been committed, or any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant, or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost.
Explanation of Section 347 BNSS
Section 347 of the Bharatiya Nyaya Sanhita (BNSS), 2023, grants Judges and Magistrates the power to conduct on-site inspections of places related to an alleged offense. This provision ensures that the Court has a first-hand understanding of the crime scene or any other relevant location, allowing for better appreciation of evidence.
Key Provisions of Section 347 BNSS
- Judicial Authority for Inspection:
- A Judge or Magistrate can inspect a crime scene or any place relevant to the case.
- This can be done at any stage of an inquiry, trial, or proceeding.
- Prior Notice to Parties:
- Before conducting an inspection, the Judge or Magistrate must give notice to the parties involved in the case (prosecution, defense, complainant, etc.).
- Memorandum of Inspection:
- The Judge or Magistrate must record observations from the inspection in a memorandum.
- This memorandum must be recorded without unnecessary delay and becomes part of the official case record.
- Right to Access the Memorandum:
- Any party in the case (prosecutor, complainant, or accused) has the right to request a copy of the memorandum free of cost.
This provision helps Courts assess evidence more effectively by allowing them to personally inspect crime scenes or relevant locations.
Illustration
Example 1: Crime Scene Inspection in a Murder Case
A person is accused of murder in an apartment. The defense claims that the room was too dark for the witness to properly identify the accused.
- The Judge decides to visit the crime scene at night to personally observe the lighting conditions.
- After the visit, the Judge records observations in a memorandum, which is added to the case file.
Example 2: Land Dispute Case
In a dispute over land encroachment, both parties claim different boundary lines.
- The Magistrate visits the disputed land to inspect boundary markers.
- The memorandum from the visit is considered while delivering the judgment.
Example 3: Inspection of an Accident Site
A bus accident occurs due to an alleged faulty road design. The prosecution argues that a sharp turn caused the accident, while the defense claims driver negligence.
- The Judge inspects the accident site to understand the road’s condition.
- A detailed memorandum is added to the case record.
Common Questions and Answers on Section 347 BNSS
1. Can a Judge or Magistrate inspect a crime scene during a trial?
Yes. Section 347 allows a Judge or Magistrate to visit and inspect a place at any stage of an inquiry, trial, or proceeding.
2. Is prior notice required before an inspection?
Yes. The Judge or Magistrate must give due notice to all parties involved in the case.
3. What happens after the inspection?
The Judge or Magistrate must record observations in a memorandum without unnecessary delay.
4. Can the accused or complainant get a copy of the inspection report?
Yes. Any party (prosecutor, complainant, or accused) can request a copy of the memorandum free of cost.
5. Is the memorandum considered as evidence?
The memorandum forms part of the official record of the case and can be used for reference during judgment.
Conclusion
Section 347 BNSS ensures that Judges and Magistrates have the authority to personally inspect locations relevant to a case. This provision enhances judicial accuracy by allowing Courts to verify evidence through direct observation. By ensuring proper documentation and access to inspection records, the section upholds transparency and fairness in legal proceedings.
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