Section 347 BNSS: Local inspection (Formerly Section 310 CrPC)

Section 347 of Bharatiya Nagarik Suraksha Sanhita, 2023: Local inspection

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 347

Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 310 of the CrPC, 1973) authorizes any Judge or Magistrate to conduct a local inspection of any place where an offence is alleged to have occurred for the purpose of properly appreciating the evidence.

Purpose of Inspection: Restricted strictly to the purpose of properly appreciating the evidence given at an inquiry or trial; it cannot be used to gather fresh evidence or substitute ocular testimony.
Notice to Parties: The Judge or Magistrate must give due notice to the parties before conducting the local inspection.
Mandatory Memorandum of Facts: The Judge or Magistrate must record without unnecessary delay a memorandum of any relevant facts observed at the inspection; such memorandum forms part of the record.

Key Landmark Precedents:

Kehar Singh v. State (Delhi Admn.), (1988) 3 SCC 609: The Supreme Court ruled that a local inspection is aimed at understanding evidence already on record; the judge cannot use personal visual observations to contradict undisputed witness depositions without giving parties opportunity to explain.
Pritam Singh v. State of Punjab, AIR 1956 SC 415: Held that failure to prepare a contemporaneous memorandum of inspection and share it with the parties vitiates the evidentiary value of the site inspection.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a local inspection is conducted under Section 347, attend in person, verify that the judicial officer's memorandum accurately captures topographical features, and obtain a certified copy for trial arguments.