CrPC Section 310: Local Inspection – Code of Criminal Procedure

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CrPC Section 310: Local Inspection

1. Code

Section 310 of the Code of Criminal Procedure (CrPC) deals with Local Inspection.

2. Explanation

Section 310 empowers a Magistrate to conduct a local inspection of any place or thing relevant to the case. This inspection is crucial in gathering evidence and understanding the circumstances of the crime. It is a discretionary power, and the Magistrate can choose to conduct the inspection if it is deemed necessary.

3. Illustration

Imagine a case where a person is accused of theft. The Magistrate, in order to ascertain the truth of the allegations, may decide to inspect the scene of the crime, the alleged stolen goods, and the accused’s residence. This local inspection would help the Magistrate to gather firsthand evidence, such as footprints, fingerprints, or other objects related to the crime.

4. Common Questions & Answers

Q: What is the purpose of a local inspection?
A: The primary objective is to gather evidence, understand the scene of the crime, and verify the truthfulness of statements made by witnesses or accused individuals.

Q: Who can order a local inspection?
A: Only a Magistrate, as per the provisions of Section 310, can order such inspection.

Q: Is the accused required to be present during the inspection?
A: While the accused doesn’t have to be present, their presence may be desirable for the Magistrate to have their observations on the scene and relevant objects.

Q: What happens if the accused objects to the inspection?
A: The Magistrate will consider the objection and may proceed with the inspection if it is deemed necessary for the investigation.

Also Read  Section 21 CrPC: Special Executive Magistrates - Powers and Functions under Code of Criminal Procedure
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