Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 349
Code: Section 349 BNSS
349.
If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures, finger impressions, handwriting, or a voice sample, he may make an order to that effect.In that case, the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures, finger impressions, handwriting, or voice sample.
Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.
Provided further that the Magistrate may, for reasons recorded in writing, order any person to give such specimen or sample without them being arrested.
Explanation of Section 349 BNSS
Section 349 BNSS empowers a Magistrate of the first class to order any person, including an accused, to provide specimen signatures, finger impressions, handwriting, or a voice sample for the purpose of an investigation or legal proceeding.
The section outlines the following key conditions:
- The order can be issued only if the person has been arrested in connection with the case.
- However, in exceptional circumstances, the Magistrate may order the collection of such samples even without arrest, provided that the reasons for doing so are recorded in writing.
This provision helps law enforcement obtain crucial forensic evidence while maintaining judicial oversight.
Illustration
Example 1: Collection of Finger Impressions in a Fraud Case
A businessman is suspected of forging documents. During the investigation, the police seek to compare his handwriting and signatures with those found on the fraudulent documents. The Magistrate, under Section 349 BNSS, orders the businessman to provide specimen handwriting and signatures for verification.
Example 2: Voice Sample for Verification in a Blackmail Case
An unknown individual has blackmailed a celebrity using a phone call. The police arrest a suspect and request a voice sample for forensic analysis. Since the suspect was arrested, the Magistrate issues an order under Section 349 BNSS, directing the suspect to provide a voice sample.
Example 3: Ordering a Sample Without Arrest
In a cybercrime case, a suspect is identified but not yet arrested. The police believe that obtaining a voice sample is crucial for identification. The Magistrate, citing the importance of the investigation, orders the suspect to provide a voice sample without arrest, recording the reasons in writing.
Common Questions and Answers on Section 349 BNSS
1. Can a Magistrate order an accused to give a handwriting sample?
Yes. Under Section 349 BNSS, a Magistrate of the first class can direct an accused to provide handwriting, signature, finger impressions, or a voice sample.
2. Is arrest mandatory before issuing an order under Section 349?
Not always. The general rule is that a person must have been arrested at some point in connection with the case. However, in exceptional cases, the Magistrate can order the person to provide a specimen without arrest, as long as reasons are recorded in writing.
3. Can a person refuse to provide a specimen under Section 349 BNSS?
No. Once a lawful order is issued under Section 349 BNSS, the person is legally bound to comply. Refusal may lead to legal consequences, including contempt of court or obstruction of justice.
4. Does Section 349 BNSS apply only to accused persons?
No. The provision applies to any person, including witnesses, whose specimen may be required for an investigation or legal proceeding.
5. What is the purpose of collecting a voice sample?
A voice sample helps law enforcement match an accused’s voice with recorded evidence (such as threatening calls, ransom demands, or fake identities used in cybercrimes).
Conclusion
Section 349 BNSS plays a crucial role in forensic investigations, allowing courts to obtain necessary evidence while ensuring judicial oversight. By permitting the collection of handwriting, signatures, fingerprints, or voice samples, this provision helps in accurate identification, fraud detection, and criminal verification.
This section also maintains a balance between investigative needs and individual rights, ensuring that orders are issued fairly and transparently.
