Section 310 CrPC: Local Inspection by a Judge or Magistrate
Section 310 of the Code of Criminal Procedure, 1973 authorised a court to inspect a relevant location during criminal proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 347 BNSS.
What is local inspection?
Local inspection is a visit by the Judge or Magistrate to the alleged scene of an offence, or another relevant location, to better appreciate evidence already given in an inquiry, trial or other proceeding. It is a judicial aid to understanding evidence, not a substitute for the ordinary process of proving facts through witnesses and admissible material.
Section 310 CrPC: Statutory provision
Section 310(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 in 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.
Section 310(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.
Section 347 BNSS: Current corresponding provision
Section 347(1) empowers any Judge or Magistrate, at any stage of an inquiry, trial or other proceeding and after due notice to the parties, to inspect the alleged crime scene or another location considered necessary to appreciate the evidence. The judicial officer must record relevant observations in a memorandum without unnecessary delay.
Section 347(2) makes the memorandum part of the case record and entitles the prosecutor, complainant, accused or any other party to a free copy on request. These requirements substantially carry forward Section 310 CrPC.
Conditions and safeguards for a court inspection
- Competent authority: A Judge or Magistrate conducting a relevant proceeding may exercise the power.
- Stage: The provision can be used at any stage of an inquiry, trial or other proceeding.
- Purpose: The location must be relevant to properly appreciating evidence in the proceeding.
- Notice: The parties must receive due notice before the visit.
- Written memorandum: Relevant facts observed must be recorded without unnecessary delay.
- Access to record: The memorandum becomes part of the case file and copies are free to parties who request them.
How local inspection works in practice
1. The need for inspection is identified
The court may consider an inspection when testimony, a site plan, distance, visibility, physical layout or another location-specific issue needs clarification. A party may request inspection, but the decision rests with the court under the statutory test.
2. Due notice is given
Before the visit, the court gives notice to the parties. This safeguard allows the parties to know about the proposed inspection and protects procedural fairness.
3. The judicial officer inspects the location
The Judge or Magistrate visits the location to observe facts relevant to understanding the evidence. The provision does not itself authorise a fresh police investigation or dispense with rules governing proof.
4. A memorandum is prepared and supplied
Relevant observations are recorded promptly. The memorandum becomes part of the case record; the prosecutor, complainant, accused and other parties may obtain a copy without charge.
Illustrative example
In a criminal trial, witnesses disagree about whether a person standing at one point could see an event at another point. After giving notice, the court may inspect the site to understand the physical layout and sightlines, then record its relevant observations in a memorandum. The ultimate factual findings must still be reached on the evidence and applicable law.
CrPC Section 310 and BNSS Section 347
The two provisions have essentially the same legal effect. The principal update is the section number and governing enactment: Section 310 CrPC under the former Code and Section 347 BNSS under the new Code. The requirements of notice, relevant observations, a memorandum and free copies remain.
Frequently asked questions
What is local inspection under Section 310 CrPC?
It allows a Judge or Magistrate, after giving due notice to the parties, to visit a relevant location to understand evidence in a criminal proceeding.
Which BNSS section corresponds to CrPC Section 310?
Section 347 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers local inspection and substantially preserves the earlier provision.
Can the court inspect a place without informing the parties?
The provision requires due notice to the parties before the inspection.
Must the judge prepare a record of the inspection?
Yes. The Judge or Magistrate must record a memorandum of relevant observations without unnecessary delay, and that memorandum becomes part of the case record.
Can an accused obtain the inspection memorandum for free?
Yes. The prosecutor, complainant, accused or any other party to the case may request a copy free of cost.
Does the CrPC still apply after July 2024?
The BNSS generally governs from 1 July 2024, subject to the repeal and savings provisions in Section 531 for specified pending proceedings.
Official legal sources
- India Code - Central Acts and statutory texts (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 347, and the Code of Criminal Procedure, 1973, Section 310).
- Bureau of Police Research and Development - BNSS reference PDF.
- Kerala Prisons - BNSS and CrPC section comparison.
This article is general legal information. For a particular case, consult the operative statute, applicable notifications and court orders.