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CrPC · Chapter XXIV · General provisions as to inquiries and trials

CrPC section 311A in the BNSS

CrPC 311ABNSS 349

CrPC section 311A, “Power of Magistrate to order person to give specimen signatures or handwriting”, is now BNSS section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 311A to BNSS 349

Now BNSS section 349. A Magistrate may also order a person to give finger impressions or a voice sample, besides specimen signatures or handwriting, and may do so without the person having been arrested, for recorded reasons.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 311A Power of Magistrate to order person to give specimen signatures or handwriting

If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:

Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc

If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample:

Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding:

Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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