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

Code of Criminal Procedure, 1973

Section 311A CrPC at a Glance

Section 311A CrPC deals with power of Magistrate to order person to give specimen signatures or handwriting. From 1 July 2024 it is replaced by Section 349 BNSS.

Now BNSS

Section 349 →

What Section 311A CrPC Says

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.

Source: Section 311A, Code of Criminal Procedure, 1973

Section 311A CrPC in Simple Words

Section 311A of the Code of Criminal Procedure, 1973 is headed 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 the 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.

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 handwriting. 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.

When Section 311A CrPC 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 Code.
  • The order may direct any person, including an accused person, to give specimen signatures or handwriting.
  • The person to whom the order relates shall be produced or shall attend at the time and place specified in the order.
  • 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.

Example of Section 311A CrPC

Arjun has at some time been arrested in connection with an investigation. Priya, a Magistrate of the first class, is satisfied that, for the purposes of the investigation, it is expedient to direct Arjun to give specimen signatures or handwriting. Under Section 311A of the Code of Criminal Procedure, 1973, Priya may make an order to that effect, and Arjun shall be produced or shall attend at the time and place specified in the order and shall give specimen signatures or handwriting.

When Section 311A CrPC Does Not Apply

  • Section 311A CrPC speaks of an order by a Magistrate of the first class to give specimen signatures or handwriting. It does not deal with the summoning of a material witness or the examination of a person present, which is the subject of Section 311 CrPC.
  • Section 311A CrPC speaks of an investigation or proceeding under the Code. It does not deal with an investigation or proceeding under any other law.

Section 311A CrPC Under BNSS 349: What Changed

Section 311A CrPC is now covered under Section 349 BNSS.

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 detailed comparison (CrPC 311A vs BNSS 349) →

FAQs on Section 311A CrPC

Who can make an order under Section 311A CrPC?▼

A Magistrate of the first class who is satisfied that, for the purposes of any investigation or proceeding under the Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting.

What does the proviso to Section 311A CrPC say?▼

The proviso says that no order shall be made under Section 311A CrPC unless the person has at some time been arrested in connection with such investigation or proceeding.

What shall the person do once an order is made under Section 311A CrPC?▼

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 handwriting.

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·