Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 349: Power of Magistrate to Order Person to Give Specimen Signatures or Handwriting
If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample:
Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding:
Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested.
Brief Detail
Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a first-class Magistrate to order individuals, including accused persons, to provide specimen signatures, finger impressions, handwriting, or voice samples. Key points include:
- The Magistrate must be satisfied that obtaining these specimens is necessary for an investigation or proceeding.
- The individual must be produced or attend at the specified time and place to provide the requested specimens.
- An order cannot be made unless the person has previously been arrested in connection with the investigation, unless specified otherwise.
- The Magistrate can order specimens to be given without arrest, provided there are recorded reasons for doing so.
Question & Answers
Who has the authority to order the collection of specimen signatures or handwriting?
A Magistrate of the first class has the authority to order the collection of these specimens.
Under what circumstances can a Magistrate issue such an order?
The Magistrate can issue the order if it is deemed expedient for an investigation or proceeding under the Sanhita.
What types of specimens can a Magistrate order?
The Magistrate can order specimen signatures, finger impressions, handwriting, or voice samples.
Is prior arrest required to issue an order for specimen collection?
Yes, the person must have been arrested at some time in connection with the investigation or proceeding, unless the Magistrate records reasons for bypassing this requirement.
What must happen after an order is made?
The person must be produced or attend at the specified time and place to give the requested specimens.
Example
- Scenario: A first-class Magistrate determines that a suspect's handwriting is essential to the investigation.
- Outcome: The Magistrate issues an order for the suspect to provide handwriting samples at the court.
- Scenario: A person is needed for a voice sample, but they have not been arrested.
- Outcome: The Magistrate can still order the voice sample if there are valid reasons recorded in writing.
Summary
Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a first-class Magistrate to order the collection of specimen signatures, handwriting, finger impressions, or voice samples from individuals, including accused persons, when necessary for investigations. This provision ensures that important evidence can be obtained while outlining conditions for issuing such orders.
