Chapter XXIV
Section 310 CrPC: Local inspection
New Law Update (2024)
Section 340 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 310(1) CrPC
This sub-section grants a Judge or Magistrate the power to visit and inspect a place where an offence might have occurred or any other site critical for understanding the evidence presented in court. It mandates that parties involved must be given notice before the inspection and that a written record (memorandum) of relevant observations must be made without delay.
Section 310(2) CrPC
This part clarifies that the memorandum recorded during the inspection becomes an official part of the court’s record. It also ensures transparency by allowing any party to the case – such as the prosecutor, complainant, or accused – to request and receive a free copy of this memorandum.
Landmark Judgements
Sita Ram v. State of U.P. (1979) 4 SCC 604:
The Supreme Court clarified that the purpose of a local inspection under Section 310 CrPC is not to gather fresh evidence or fill up gaps in the prosecution’s case. Rather, it is solely to enable the Judge or Magistrate to better appreciate the evidence already presented during the inquiry or trial, by understanding the physical features of the place relevant to the case.
State of U.P. v. Ram Swarup (AIR 1974 SC 1570):
The Supreme Court emphasized that a local inspection is meant to aid the court in understanding the evidence adduced. The Judge or Magistrate conducting the inspection must carefully record a memorandum of relevant facts observed, and this memorandum forms part of the record, ensuring transparency and providing parties with knowledge of the court’s observations.