(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.
Bharatiya Nagarik Suraksha Sanhita
Section 347
Local inspection
Englishहिंदी
⚡ Quick Answer Reference: Section 347 BNSS
- Provision: Section 347 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: A judge or magistrate can visit and inspect any place related to an alleged offence after notifying the parties involved, to better understand the evidence given.
Statutory Content
What does Section 347 of BNSS say?
Indian StandardSection 347, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 347 (India)
Court Pleading StandardSection 347 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/347
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 347 of BNSS mean?
Plain English Explanation
A judge or magistrate can visit and inspect any place related to an alleged offence after notifying the parties involved, to better understand the evidence given.
Practical Interpretation
This section allows judges and magistrates to conduct on-site inspections to gather more information about a case, which can help in making informed decisions.
Core Legal Purpose
The core purpose of this section is to enable judges and magistrates to gather firsthand information about a case by inspecting relevant places, which can aid in the proper appreciation of evidence.
Key Legal Elements
- •The judge or magistrate must give due notice to the parties involved before conducting the inspection.
- •The inspection must be necessary for properly appreciating the evidence given at the inquiry or trial.
- •The judge or magistrate must record a memorandum of any relevant facts observed during the inspection.
- •A copy of the memorandum must be furnished to the parties involved if they so desire.
Practical Example
Practical Example of Section 347 BNSS
In a case where Rajesh is accused of committing a crime at a local market, the magistrate may decide to inspect the market to understand the layout and gather more information about the alleged offence. After the inspection, the magistrate will record a memorandum of the relevant facts observed, which will become part of the case record. If Rajesh or the prosecutor requests, they will be given a copy of the memorandum.
Common Questions (FAQ)
Frequently Asked Questions about Section 347 BNSS
Q: What is the punishment or consequence under Section 347 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to judges and magistrates in the context of any inquiry, trial, or other proceeding.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, but rather with the procedure for local inspections in the course of an inquiry or trial.
People Also Ask (PAA)
Common Questions about Section 347 BNSS
What is Section 347 of BNSS?
Section 347 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Local inspection". In plain terms: A judge or magistrate can visit and inspect any place related to an alleged offence after notifying the parties involved, to better understand the evidence given.
What is the punishment under Section 347 of BNSS?
Section 347 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 347 of BNSS bailable or non-bailable?
Whether Section 347 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 347 of BNSS?
The essential elements of Section 347 of BNSS are: The judge or magistrate must give due notice to the parties involved before conducting the inspection.; The inspection must be necessary for properly appreciating the evidence given at the inquiry or trial.; The judge or magistrate must record a memorandum of any relevant facts observed during the inspection..
Landmark Case Laws
Landmark Judgments under Section 347 BNSS
Patnahcucisdb94 High Court (10 8)
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