Section 347 – Local Inspection

Introduction

Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power of a Judge or Magistrate to conduct a local inspection during an inquiry or trial.

The provision allows the Court to personally visit and inspect a place where the offence is alleged to have been committed or any other place relevant to the case. The purpose is to properly understand the evidence and circumstances of the case.

Section 347 substantially corresponds to Section 310 of the Code of Criminal Procedure, 1973.

Meaning of Section 347

Section 347 enables the Judge or Magistrate to personally inspect a place when such inspection is considered necessary for properly appreciating the evidence given during the inquiry or trial.

The Court may inspect the place at any stage of the proceedings.

The provision is intended to help the Court understand physical conditions, distances, locations and other circumstances that may not be adequately understood merely from oral or documentary evidence.

Power of Local Inspection

A Judge or Magistrate may, at any stage of an inquiry or trial, after giving reasonable notice to the parties, proceed to any place where the offence is alleged to have been committed or to any other place which, in the opinion of the Court, is necessary for the purpose of properly appreciating the evidence given at the inquiry or trial.

Thus, the power has three important requirements:

• the Court must consider the inspection necessary for appreciating the evidence;
• reasonable notice must be given to the parties; and
• the inspection must relate to the place connected with the offence or another place relevant to the evidence.

Purpose of Local Inspection

The primary purpose of local inspection is proper appreciation of evidence.

The Court may use local inspection to understand matters such as:

• the physical layout of a place;
• the distance between two locations;
• visibility from one point to another;
• the position of buildings or objects;
• the physical circumstances in which an alleged incident occurred; and
• other relevant geographical or physical features.

The inspection is therefore intended to assist the Court in understanding evidence already presented before it.

Notice to Parties

Before conducting a local inspection, the Court must give reasonable notice to the parties.

This requirement ensures procedural fairness.

The parties should have an opportunity to know that the Court intends to inspect the relevant place and may, where appropriate, accompany the Court during the inspection.

Local Inspection Does Not Replace Evidence

Local inspection is not intended to replace the evidence of witnesses or the material properly produced before the Court.

The purpose is to enable the Judge or Magistrate to better understand and appreciate the evidence already given during the inquiry or trial.

The Court must therefore avoid treating personal observations during inspection as a substitute for legally admissible evidence.

Record of Local Inspection

After conducting the inspection, the Judge or Magistrate must record a memorandum of the relevant facts observed during the inspection.

The memorandum forms part of the record of the case.

The Court must also, where necessary, give the parties an opportunity to make their observations regarding the inspection and the memorandum.

Importance of the Memorandum

The memorandum is important because it provides a formal record of what the Court observed during the local inspection.

It helps ensure transparency and prevents the Court’s observations from remaining merely personal or undocumented impressions.

The memorandum can also assist the parties and appellate Courts in understanding what was observed during the inspection.

Procedure Under Section 347

The process can be understood as follows:

1. An inquiry or trial is pending before a Judge or Magistrate.
2. The Court considers that local inspection is necessary for properly appreciating the evidence.
3. The Court identifies the relevant place.
4. Reasonable notice is given to the parties.
5. The Judge or Magistrate personally visits the place.
6. The Court observes the relevant physical circumstances.
7. A memorandum of the relevant facts observed during the inspection is prepared.
8. The memorandum becomes part of the record of the case.

Example

Suppose A is accused of committing an offence at a particular location. A witness states that they could clearly see the accused from a particular building.

During the trial, the Court considers that the physical distance and visibility between the two locations are important for appreciating the witness’s evidence.

The Judge may, after giving reasonable notice to the parties, visit the location and inspect the relevant physical surroundings.

The Court may then record a memorandum of the relevant facts observed during the inspection.

Object and Purpose

The main objectives of Section 347 are:

• to assist the Court in properly appreciating evidence;
• to enable the Court to understand the physical circumstances of the case;
• to clarify questions relating to location, distance and visibility;
• to provide the Court with a better understanding of the scene connected with the offence;
• to ensure that the Court’s observations are formally recorded; and
• to assist in arriving at a fair and informed decision.

Important Features

Discretionary Power

Local inspection is a power given to the Court. It is not an automatic requirement in every criminal case.

Reasonable Notice

The Court must give reasonable notice to the parties before proceeding to the place for inspection.

Purpose Must Be Relevant

The inspection must be connected with the proper appreciation of evidence given during the inquiry or trial.

Court’s Personal Observation

The Judge or Magistrate personally visits the relevant place and observes its physical circumstances.

Memorandum

The relevant facts observed during the inspection are recorded in a memorandum, which becomes part of the case record.

Difference Between Local Inspection and Investigation

Local inspection by the Court should not be confused with investigation by the police.

Investigation

Investigation is generally carried out by the police or another authorised investigating agency for the purpose of collecting evidence regarding an offence.

Local Inspection

Local inspection is conducted by the Judge or Magistrate during the inquiry or trial to assist the Court in properly appreciating the evidence already before it.

The Court does not assume the investigative role merely by exercising its power of local inspection.

BNSS and CrPC

Section 347 BNSS substantially corresponds to Section 310 of the Code of Criminal Procedure, 1973.

The basic principle of allowing the Court to conduct a local inspection for the proper appreciation of evidence has been retained under the BNSS.

Relationship with Evidence

Section 347 is closely connected with the appreciation of evidence.

For example, where the credibility of a witness depends upon whether a particular location was visible from another location, the Court’s inspection may help it understand the physical circumstances relevant to that testimony.

However, the inspection should remain within the purpose specified by the provision and should not become an independent investigation by the Court.

Topic at a Glance

• Section: 347, BNSS, 2023
• Subject: Local inspection
• Authority: Judge or Magistrate
• Stage: Any stage of an inquiry or trial
• Purpose: Proper appreciation of evidence
• Notice: Reasonable notice must be given to the parties
• Place: Place where the offence is alleged to have been committed or another relevant place
• Record: Memorandum of relevant facts observed
• Corresponding CrPC provision: Section 310, CrPC

Quick Revision

• Section 347 BNSS deals with local inspection by the Court.
• A Judge or Magistrate may conduct an inspection at any stage of an inquiry or trial.
• The purpose must be to properly appreciate the evidence given in the case.
• The Court may inspect the place where the offence is alleged to have been committed or another relevant place.
• Reasonable notice must be given to the parties.
• The Court records a memorandum of the relevant facts observed during the inspection.
• The memorandum becomes part of the record of the case.
• Local inspection is different from police investigation.
• Section 347 substantially corresponds to Section 310 of the CrPC.

ALSO READ: Section 346 – Power to postpone or adjourn proceedings

Conclusion

Section 347 BNSS gives the Court a useful procedural power to personally inspect a relevant place when such inspection is necessary for properly appreciating the evidence. By requiring reasonable notice and a written memorandum of the observations, the provision balances the practical usefulness of local inspection with the requirements of procedural fairness and transparency.