Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 347: Local Inspection
(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 in 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.
Brief Detail
Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Judge or Magistrate to conduct local inspections at any stage of an inquiry or trial. Key aspects include:
- Judges or Magistrates can visit locations relevant to the case after notifying the involved parties.
- The purpose of the inspection is to better understand the evidence presented.
- A memorandum of observations made during the inspection must be recorded promptly.
- This memorandum becomes part of the case record and can be obtained free of charge by any party involved in the case.
Question & Answers
Who can conduct a local inspection under Section 347?
Any Judge or Magistrate may conduct a local inspection.
At what stage can a local inspection be conducted?
A local inspection can be conducted at any stage of an inquiry, trial, or other proceeding.
What is required before a local inspection is conducted?
Due notice must be given to the parties involved.
What is the purpose of the local inspection?
The purpose is to properly appreciate the evidence given at the inquiry or trial.
What must be done after the inspection?
A memorandum of any relevant facts observed during the inspection must be recorded without unnecessary delay.
Can parties obtain a copy of the memorandum?
Yes, if requested, a copy of the memorandum shall be furnished free of cost.
Example
- Scenario: A Judge visits the scene of an alleged theft after notifying the parties.
- Outcome: The Judge records relevant observations and creates a memorandum that becomes part of the case record.
- Scenario: A Magistrate inspects a location where a traffic violation occurred.
- Outcome: The observations noted in the memorandum are shared with both the prosecutor and the accused, as they requested a copy.
Summary
Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows Judges and Magistrates to perform local inspections to gather relevant evidence for ongoing inquiries or trials. This process ensures that all parties are informed, and the findings are documented and accessible, enhancing the integrity of the judicial process.
