CrPC 311A→BNSS 349

CrPC 311A to BNSS 349: Power of Magistrate to order person to give specimen signatures or handwriting

Section 311A CrPC (1973) replaced by Section 349 BNSS (2023)

View CrPC Section 311A →View BNSS Section 349 →

CrPC 311A to BNSS 349 at a Glance

Section 311A CrPC (Power of Magistrate to order person to give specimen signatures or handwriting) is now Section 349 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 311A to BNSS 349?

Section 349 BNSS reads this Sanhita where Section 311A CrPC read this Code, and reads specimen signatures or finger impressions or handwriting or voice sample where Section 311A CrPC read specimen signatures or handwriting, in the direction and in the duty to give. Section 349 BNSS adds a further proviso on an order without arrest for reasons recorded in writing. The proviso on prior arrest is in the same words in both. The heading of Section 349 BNSS ends with etc.

CrPC 311A vs BNSS 349: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section311A349
HeadingPower of Magistrate to order person to give specimen signatures or handwritingPower of Magistrate to order person to give specimen signatures or handwriting, etc

CrPC 311A and BNSS 349: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 311A, CrPC 1973

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.
BNSS 2023 (in force)

Section 349, BNSS 2023

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.

When It Applies: CrPC 311A vs BNSS 349

Under CrPC 311A
  1. A Magistrate of the first class may make an order if satisfied that it is expedient for the purposes of any investigation or proceeding under the Code.
  2. The order may direct any person, including an accused person, to give specimen signatures or handwriting.
  3. The person to whom the order relates shall be produced or shall attend at the time and place specified in the order.
  4. The proviso says that no order shall be made unless the person has at some time been arrested in connection with the investigation or proceeding.
Under BNSS 349
  1. A Magistrate of the first class may make an order if satisfied that it is expedient for the purposes of any investigation or proceeding under the Sanhita.
  2. The order may direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample.
  3. The person to whom the order relates shall be produced or shall attend at the time and place specified in the order.
  4. The first proviso says that no order shall be made unless the person has at some time been arrested in connection with the investigation or proceeding.
  5. The further proviso says 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.

What CrPC 311A to BNSS 349 Means in Practice

Section 311A CrPC reads that a Magistrate of the first class may direct any person, including an accused person, to give specimen signatures or handwriting, and that no order shall be made unless the person has at some time been arrested in connection with the investigation or proceeding. Section 349 BNSS reads specimen signatures or finger impressions or handwriting or voice sample, and adds 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.

FAQs: CrPC 311A to BNSS 349

Where is Section 311A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 311A CrPC has no sub-sections, and maps as a whole to Section 349 BNSS.

Does Section 349 BNSS name more kinds of specimen than Section 311A CrPC?▼

Yes. Section 349 BNSS reads specimen signatures or finger impressions or handwriting or voice sample where Section 311A CrPC read specimen signatures or handwriting.

Does Section 349 BNSS have a proviso that Section 311A CrPC does not have?▼

Yes. Section 349 BNSS adds a further proviso 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. Section 311A CrPC has only the proviso on prior arrest.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·