Legal Provisions of Section 310 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Local inspection:
The powers under this section to permit a Judge or a Magistrate to make a local inspection are wide and can be exercised at any stage of inquiry or trial even before the evidence is recorded. The exercise of discretion by Judge or Magistrate to undertake local inspection of the place in which the offence is alleged to have been committed depends on the facts and circumstances of each case.
ADVERTISEMENTS:
The observations made by the Court during its inspection cannot be used as a part of evidence in the case. They can be used only for a limited purpose for appreciating the evidence given at the trial.
In the context of Section 310, CrPC the Supreme Court observed that what this section contemplates is the local inspection of the topography of place in which the offence was alleged to have been committed or its local peculiarities for the purpose of properly appreciating the evidence which was already on record.
Local inspection of the place of occurrence of the offence may be made either on application of parties or suo motu. The Judge or the Magistrate, as the case may be, shall record a memorandum of any relevant fact observed at such inspection which shall for a record of the case and if either party to the case desires a copy thereof, it shall be furnished to him free of cost.
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