BNSS Section 347
Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 347
Explanation:
This section empowers Judges and Magistrates to physically inspect relevant locations during legal proceedings. This is crucial for obtaining a firsthand understanding of the crime scene, the surrounding environment, and other pertinent factors.
- Visiting Crime Scene: A judge or magistrate can visit the place where the alleged offense took place. This helps them visualize the events, assess the physical evidence, and understand the context of the crime.
- Other Relevant Locations: The inspection may extend beyond the crime scene to any other location relevant to the case. For instance, a judge might visit the victim’s residence or the accused’s workplace to gain a better perspective on the circumstances.
- Due Notice to Parties: Before the inspection, all parties involved in the proceedings (prosecutor, complainant, accused, etc.) must be informed. This ensures fairness and allows them to participate or raise objections.
- Memorandum of Inspection: The judge or magistrate must record their observations during the inspection in a memorandum. This document details any significant findings or evidence gathered, which becomes part of the case record.
- Copy of Memorandum: Upon request, all parties are entitled to receive a free copy of the inspection memorandum.
Illustration:
Imagine a case where a person is accused of theft from a store. The judge, to better understand the layout and potential escape routes, decides to visit the store where the alleged theft took place. They note the placement of security cameras, the layout of aisles, and the presence of any potential hiding spots. This information helps them evaluate the evidence presented during the trial.
Common Questions and Answers:
- Q: Can a judge visit any place without a warrant?
- A: No, the judge must follow the due process of law and ensure all parties are notified before the inspection.
- Q: Is the judge obligated to visit a crime scene?
- A: No, the judge has discretion to decide whether a site visit is necessary based on the specific circumstances of the case.
- Q: What happens if a party objects to the inspection?
- A: The judge will consider the objection and may decide to proceed with the inspection, modify it, or cancel it altogether.
- Q: What if the memorandum is incomplete or inaccurate?
- A: Parties can challenge the memorandum’s accuracy or completeness through legal processes.
