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

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

A first-class Magistrate can order any person, including an accused person, to provide their signature, fingerprints, handwriting, or voice sample if it helps an investigation or court proceeding. The person must appear at the specified time and place to give these samples. Normally, this order can only be made if the person has been arrested in connection with the case, but the Magistrate can also order it without arrest if they write down the reasons for doing so.

Official Text

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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §311A — Power of Magistrate to order person to give specimen signatures or handwriting, etc