Bharatiya Nagarik Suraksha Sanhita, 2023
Section 347
Local inspection
(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 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.
(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.
Why this exists
Some evidence, like the layout of a house, the distance between two points, or the condition of a road, is much easier to understand by seeing it directly rather than through photographs or descriptions alone. This provision lets judges ground their understanding of testimony in physical reality, while keeping the process transparent by making a record and sharing it with all parties.
Common misconceptions
- Myth: A judge's personal observations during such a visit are a private, secret basis for the decision.
Fact: The judge must record a memorandum of what was observed, and it becomes part of the official case file, available to the parties, not a hidden or secret consideration.