Section 349 BNSS: Power of Magistrate to order person to give specimen signatures or handwriting, etc
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 349 BNSS at a Glance
Section 349 BNSS deals with power of Magistrate to order person to give specimen signatures or handwriting, etc. It replaced Section 311A CrPC on 1 July 2024.
Section 349 BNSS Bare Act Text
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.
Source: Section 349, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 349 BNSS in Simple Words
Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed 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 the 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.
The person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall give his specimen signatures or finger impressions or handwriting or voice sample. 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.
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.
When Section 349 BNSS Applies
- 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.
- The order may direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample.
- The person to whom the order relates shall be produced or shall attend at the time and place specified in the order.
- 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.
- 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.
Example of Section 349 BNSS
When Section 349 BNSS Does Not Apply
- Section 349 BNSS speaks of an order by a Magistrate of the first class to give specimen signatures or finger impressions or handwriting or voice sample. It does not deal with the summoning of a material witness or the examination of a person present, which is the subject of Section 348 BNSS.
- Section 349 BNSS speaks of an investigation or proceeding under the Sanhita. It does not deal with an investigation or proceeding under any other law.
Section 349 BNSS in the CrPC (Previous Law)
Section 349 BNSS replaces Section 311A CrPC from the old criminal code.
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.
View CrPC Section 311A →FAQs on Section 349 BNSS
Who can make an order under Section 349 BNSS?▼
A Magistrate of the first class who is satisfied that, for the purposes of any investigation or proceeding under the Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample.
What does the further proviso to Section 349 BNSS say?▼
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 shall the person do once an order is made under Section 349 BNSS?▼
The person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall give his specimen signatures or finger impressions or handwriting or voice sample.
What changed from Section 311A CrPC to Section 349 BNSS from 1 July 2024?▼
From 1 July 2024, Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 311A of the Code of Criminal Procedure, 1973. Section 349 BNSS reads this Sanhita where Section 311A CrPC read this Code, 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, and adds a further proviso on an order without arrest for reasons recorded in writing. The heading of Section 349 BNSS ends with etc.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·