CrPC Sections 310, 311 and 312: Local Inspection, Material Witness and Witness Expenses
Sections 310, 311 and 312 of the Code of Criminal Procedure, 1973 formed part of the general provisions governing inquiries and trials. They dealt respectively with local inspection by a Judge or Magistrate, the Court's power and duty to summon or recall a material witness, and payment of reasonable expenses to complainants and witnesses.
Section 310 CrPC - Local Inspection
Meaning: Local inspection is a judicial visit to a relevant place so that the Judge or Magistrate can better appreciate evidence already before the Court. It is not a substitute for evidence; the provision requires notice to the parties and a memorandum of relevant facts observed during the inspection.
Section 310(1): A Judge or Magistrate may, at any stage of an inquiry, trial or other proceeding, after due notice to the parties, visit and inspect the place where an offence is alleged to have been committed or another place considered necessary for properly appreciating the evidence. A memorandum of relevant facts observed must be recorded without unnecessary delay.
Section 310(2): The memorandum forms part of the case record. If the prosecutor, complainant, accused or another party asks for it, a copy is to be furnished free of cost.
The essential safeguards are therefore prior notice, relevance to appreciation of evidence, prompt recording of observations, inclusion of the memorandum in the record, and access to a free copy on request.
Section 311 CrPC - Power to Summon Material Witness or Examine Person Present
Meaning: Section 311 gave every criminal Court a broad power to obtain evidence necessary for a just decision. The Court could summon a person as a witness, examine a person already in attendance although not summoned, or recall and re-examine a person already examined.
The first part of Section 311 was discretionary: the Court may summon, examine, recall or re-examine. The second part was mandatory: the Court shall do so where the person's evidence appears essential to the just decision of the case.
The provision could operate at any stage of an inquiry, trial or other proceeding under the CrPC. Its central purpose was to enable the Court to obtain material evidence needed for a just adjudication.
Section 312 CrPC - Expenses of Complainants and Witnesses
Meaning: Subject to rules made by the State Government, a Criminal Court could order the Government to pay reasonable expenses of a complainant or witness attending an inquiry, trial or other proceeding before that Court.
The provision was enabling rather than automatic: payment depended on the Court's decision and any applicable State Government rules.
CrPC and BNSS Corresponding Provisions
| CrPC, 1973 | Subject | Corresponding BNSS, 2023 |
|---|---|---|
| Section 310 | Local inspection | Section 347 |
| Section 311 | Power to summon material witness or examine person present | Section 348 |
| Section 312 | Expenses of complainants and witnesses | Section 350 |
The BNSS provisions substantially carry forward these subjects. For proceedings governed by the current law, the relevant BNSS provision and its commencement and saving framework should be checked rather than relying only on the former CrPC numbering.
Key Points
Section 310 concerned a Court's own inspection of a relevant place and required a written memorandum. Section 311 addressed the Court's power - and, where evidence was essential to a just decision, its duty - to secure or recall a witness. Section 312 dealt with reasonable attendance expenses of complainants and witnesses, subject to State rules. These were procedural provisions and did not themselves create criminal offences or prescribe punishments.