Section 347 BNSS: Local Inspection by Judge or Magistrate
Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Judge or Magistrate to personally inspect a relevant place during an inquiry, trial, or other proceeding when the inspection is considered necessary for properly appreciating the evidence.
- The power may be exercised at any stage of an inquiry, trial, or other proceeding.
- Due notice must be given to the parties before the inspection.
- The Court may inspect the alleged place of offence or any other place considered necessary for understanding the evidence.
- The Judge or Magistrate must record a memorandum of relevant facts observed during the inspection without unnecessary delay.
- The memorandum becomes part of the case record.
- A prosecutor, complainant, accused, or other party may obtain a copy of the memorandum free of cost.
Bare Act Text of Section 347 BNSS
Meaning and Scope of Section 347
The provision gives the Court a procedural power to view a place personally when seeing the physical location would assist in understanding or evaluating the evidence already before the Court. The inspection may concern the alleged place of commission of the offence or another place that the Judge or Magistrate considers necessary to view.
The power belongs to the Judge or Magistrate conducting the proceeding. It is not a substitute for police investigation. Its purpose is to help the Court properly appreciate evidence in the inquiry, trial, or other proceeding.
Due Notice to the Parties
Section 347 expressly requires due notice to the parties before the local inspection. This requirement promotes procedural fairness because the parties are informed before the Court visits the relevant place.
Memorandum of Local Inspection
After the inspection, the Judge or Magistrate must record, without unnecessary delay, a memorandum of the relevant facts observed. The memorandum forms part of the judicial record. If the prosecutor, complainant, accused, or any other party to the case requests a copy, it must be supplied free of cost.
Section 347 BNSS and Former Section 310 CrPC
Section 347 BNSS corresponds to Section 310 of the Code of Criminal Procedure, 1973, which also dealt with local inspection by a Judge or Magistrate. The BNSS came into force on July 1, 2024. For current criminal procedure, Section 347 BNSS is the relevant provision, subject to the savings and transitional provisions applicable to older proceedings.
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also provides the New Criminal Laws resource page.
Practical Effect of a Local Inspection
A local inspection can assist the Court where physical features such as location, distance, visibility, access, layout, or surrounding circumstances are material to understanding the testimony or other evidence. The Court's observations are recorded in the statutory memorandum and are brought into the case record in the manner required by Section 347.