Section 311A CrPC and Section 349 BNSS: Specimen Signatures, Handwriting and Voice Samples
Section 311A of the Code of Criminal Procedure, 1973, empowered a Magistrate to obtain specimen signatures or handwriting for an investigation or proceeding. Its corresponding provision, Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), expressly covers finger impressions and voice samples as well, and provides an additional exception to the prior-arrest requirement.
What did Section 311A CrPC provide?
Section 311A - Power of Magistrate to order person to give specimen signatures or handwriting. Where a Magistrate of the first class was satisfied that an investigation or proceeding required a person, including an accused person, to provide specimen signatures or handwriting, the Magistrate could order that person to attend or be produced at a specified time and place and provide the specimens.
Important proviso: The section prohibited such an order unless the person had, at some time, been arrested in connection with the investigation or proceeding. Section 311A was inserted by the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005), Section 27, with effect from 23 June 2006.
Section 349 BNSS: Present legal provision
Section 349 - Power of Magistrate to order person to give specimen signatures or handwriting, etc. A Magistrate of the first class may direct any person, including an accused, to provide the following when expedient for an investigation or proceeding under the BNSS:
- Specimen signatures;
- Finger impressions;
- Specimen handwriting; or
- A voice sample.
The person must attend or be produced at the time and place specified in the Magistrate's order and provide the ordered specimen or sample.
Arrest condition and the new exception
The first proviso retains the general condition that the person must have been arrested at some time in connection with the relevant investigation or proceeding. The second proviso expressly allows a Magistrate to order specimens or samples even without such arrest, provided the reasons are recorded in writing. Thus, arrest is not an absolute prerequisite under Section 349.
Key changes from CrPC Section 311A to BNSS Section 349
| Issue | Section 311A CrPC | Section 349 BNSS |
|---|---|---|
| Competent authority | Magistrate of the first class | Magistrate of the first class |
| Specimen signatures and handwriting | Expressly covered | Expressly covered |
| Finger impressions | Not expressly listed | Expressly listed |
| Voice samples | Not expressly listed in the section | Expressly listed |
| Order without previous arrest | Not permitted under the section's proviso | Permitted where the Magistrate records reasons in writing |
How does a specimen-sample order work?
- Necessity is assessed: The Magistrate must be satisfied that the requested specimen or sample is expedient for an investigation or proceeding.
- An order is issued: The order identifies the person and directs attendance or production at the specified time and place.
- The arrest condition is checked: Where the person has not previously been arrested in connection with the matter, the Magistrate must record reasons in writing to invoke the second proviso of Section 349.
- The sample is provided: The person supplies the specimen or sample identified in the order, subject to applicable legal safeguards and the terms of the order.
Illustrative situations
Disputed document: In an investigation involving an allegedly forged document, the Magistrate may order specimen handwriting or signatures for comparison with the disputed writing.
Recorded conversation: Where identifying a speaker is relevant to an investigation, the Magistrate may order a voice sample under Section 349 BNSS.
Person not arrested: A person whose fingerprints are considered necessary for an investigation may be directed to provide them without a prior arrest if the Magistrate records reasons as required by the second proviso.
These examples illustrate the statutory power; whether a particular order is justified depends on the facts, the applicable law and judicial scrutiny.
Official legal references
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF), Section 349
- India Code - official repository of central legislation
- Delhi Police Academy BNSS handbook - CrPC 311A and BNSS 349
- Official police guidance on collection of signature, handwriting and voice samples
Frequently asked questions
What is Section 311A CrPC?
It empowered a Judicial Magistrate of the first class to order specimen signatures or handwriting from a person, including an accused, for an investigation or proceeding, subject to the former arrest requirement.
What is the equivalent of Section 311A CrPC in BNSS?
Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding provision.
Can a Magistrate order a voice sample under BNSS Section 349?
Yes. Section 349 expressly includes voice samples, as well as finger impressions, handwriting and specimen signatures.
Is arrest always required under BNSS Section 349?
No. The general proviso refers to a person having been arrested in connection with the investigation or proceeding, but a further proviso allows the Magistrate to order specimens or samples without arrest if reasons are recorded in writing.
This article is for general legal information. The applicable procedure may depend on the date and status of the investigation or proceeding and on subsequent judicial decisions.