Section 347 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 347 – Local Inspection by the Court
Purpose:
Section 347 empowers a court (Judge or Magistrate) to physically inspect a place relevant to an ongoing investigation, trial, or any judicial proceeding. This provision ensures the court can personally observe the crime scene or any other relevant location to better understand the facts and evidence related to the case.
Key Provisions of Section 347
Right of the Court to Inspect:
At any stage of an investigation or trial, the Judge or Magistrate may visit and inspect any place which is related to the crime or is otherwise relevant to the case.
The court must notify all parties involved (prosecution, defense, complainant, accused) in advance about this inspection.
The purpose is to gain a clearer understanding of the factual and physical context of the evidence.
Recording the Inspection:
During the inspection, the court will take notes or prepare a memorandum recording important observations and facts seen during the visit.
This memorandum will capture details that might not be fully conveyed through verbal or written testimony alone.
Inclusion in Case Record and Access to Parties:
The inspection memorandum becomes part of the official case record.
Any party involved in the case—such as the prosecutor, complainant, or accused—has the right to receive a free copy of this memorandum.
This ensures transparency and fairness in the judicial process.
Importance and Benefits of Section 347
Enhanced Understanding of Evidence:
The court’s firsthand observation of the crime scene or related location helps in better understanding the evidence, spatial relationships, and other physical details which might be crucial for justice.
Transparency and Fairness:
By allowing all parties to be informed about the inspection and providing access to the inspection report, the law promotes transparency and equality in judicial proceedings.
Improved Judicial Decision-Making:
Direct inspection allows judges to form opinions based on real, tangible observations rather than relying solely on witness statements, which can sometimes be inaccurate or biased.
Reduction in Misinterpretation:
Physical inspection minimizes the risk of misunderstanding or misrepresenting facts related to the scene, helping to avoid errors in judgment.
Example Scenario:
Suppose there is a case involving a dispute over a piece of land where an alleged crime occurred. The court can invoke Section 347 to visit the site and observe the boundaries, structures, or other physical features relevant to the case. This inspection helps the court see the actual conditions, which might clarify contested issues more effectively than just reading documents or hearing witness testimonies.
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