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.
Bharatiya Nagarik Suraksha Sanhita
Section 349
Power of Magistrate to order person to give specimen signatures or handwriting, etc
⚡ Quick Answer Reference: Section 349 BNSS
- Provision: Section 349 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: A Magistrate can order someone to give their signature, handwriting, or voice sample if they think it's necessary for an investigation or court case. This can be done if the person has been arrested in connection with the case, or if the Magistrate has a good reason to order it without arresting the person.
What does Section 349 of BNSS say?
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What does Section 349 of BNSS mean?
Plain English Explanation
A Magistrate can order someone to give their signature, handwriting, or voice sample if they think it's necessary for an investigation or court case. This can be done if the person has been arrested in connection with the case, or if the Magistrate has a good reason to order it without arresting the person.
Practical Interpretation
In practice, this section allows Magistrates to gather evidence from individuals involved in investigations or court cases. The Magistrate must believe that obtaining the evidence is necessary and expedient, and they must have a valid reason for ordering it.
Core Legal Purpose
The core purpose of this section is to provide Magistrates with the power to collect evidence from individuals in a timely and efficient manner, while also ensuring that the rights of the individual are protected.
- •The Magistrate must be satisfied that it is expedient to direct the person to give specimen signatures or handwriting.
- •The person must have at some time been arrested in connection with the investigation or proceeding.
- •The Magistrate may order any person to give such specimen or sample without them being arrested, for reasons to be recorded in writing.
- •The Magistrate must believe that obtaining the evidence is necessary and expedient.
Practical Example of Section 349 BNSS
Rajesh is a suspect in a theft case and has been arrested. The police are investigating and need to gather evidence. The Magistrate orders Rajesh to give a handwriting sample, which he does. This is an example of how Section 349 of BNSS applies in everyday situations.
Frequently Asked Questions about Section 349 BNSS
Q: What is the punishment or consequence under Section 349 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 individuals, including accused persons, who are involved in investigations or court cases.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 349 BNSS
What is Section 349 of BNSS?
Section 349 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Magistrate to order person to give specimen signatures or handwriting, etc". In plain terms: A Magistrate can order someone to give their signature, handwriting, or voice sample if they think it's necessary for an investigation or court case. This can be done if the person has been arrested in connection with the case, or if the Magistrate has a good reason to order it without arresting the person.
What is the punishment under Section 349 of BNSS?
Section 349 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 349 of BNSS bailable or non-bailable?
Whether Section 349 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 349 of BNSS?
The essential elements of Section 349 of BNSS are: The Magistrate must be satisfied that it is expedient to direct the person to give specimen signatures or handwriting.; The person must have at some time been arrested in connection with the investigation or proceeding.; The Magistrate may order any person to give such specimen or sample without them being arrested, for reasons to be recorded in writing..
Landmark Judgments under Section 349 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 349
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