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BNSS, 2023
Start Practicing
BNSSChapter XXVISection 347
Section347

Local inspection

AI Assist

Summary

At any stage of an inquiry, trial or other proceeding, a Judge or Magistrate may, after giving notice to the parties, visit and inspect any place connected to the alleged offence or needed to understand the evidence. The judge must promptly record a memorandum of relevant facts seen during the inspection. That memorandum becomes part of the case record and copies must be supplied free on request.

Example

Priya files an FIR that goods were stolen from her shop. During the trial the Magistrate, after giving notice to the parties, inspects the shop and records a memorandum noting the layout and a broken lock. The memorandum is added to the case record and Priya can ask for a free copy.

Bare Act

Enacted text

(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 offence is alleged to have been committed, or any other place 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.

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XXVI

Chapter XXVI

General Provisions as to Inquiries and Trials

In this chapter

  • 337Person once convicted or acquitted not to be tried for same offence
  • 338Appearance by Public Prosecutors
  • 339Permission to conduct prosecution
  • 340Right of person against whom proceedings are instituted to be defended
  • 341Legal aid to accused at State expense in certain cases
  • 342Procedure when corporation or registered society is an accused
  • 343Tender of pardon to accomplice
  • 344Power to direct tender of pardon
  • 345Trial of person not complying with conditions of pardon
  • 346Power to postpone or adjourn proceedings
  • 347Local inspection
  • 348Power to summon material witness, or examine person present
  • 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
  • 350Expenses of Complainants and witnesses
  • 351Power to Examine accused
  • 352Oral arguments and memorandum of arguments
  • 353Accused person to be competent witness
  • 354No influence to be used to induce disclosure
  • 355Provision for inquiries and trial being held in absence of accused in certain cases
  • 356Inquiry, trial or judgment in absentia of proclaimed offender
  • 357Procedure where accused does not understand proceedings
  • 358Power to Proceed against other persons appearing to be guilty of offence
  • 359Compounding of offences
  • 360Withdrawal from prosecution
  • 361Procedure in cases which Magistrate cannot dispose of
  • 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  • 363Trial of persons previously convicted of offences against coinage, stamp-law or property
  • 364Procedure when Magistrate cannot pass sentence sufficiently severe
  • 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  • 366Court to be open
Previous · Section 346Power to postpone or adjourn proceedingsNext · Section 348Power to summon material witness, or examine person present