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    Question

    Under Section 349 of the BNSS, 2023, a Magistrate of the

    first class wishes to order an individual to provide a voice sample for forensic analysis. The person has not been arrested in connection with the investigation. Which of the following is the correct legal position?
    A The Magistrate cannot issue such an order because arrest is a mandatory precondition under Section 349 Correct Answer Incorrect Answer
    B The Magistrate can issue an order for specimen voice sample without arrest only if the person voluntarily consents in writing Correct Answer Incorrect Answer
    C The Magistrate can order the voice sample without arrest if reasons for the same are recorded in writing, as per the second proviso to Section 349 Correct Answer Incorrect Answer
    D The Magistrate must first conduct a preliminary inquiry before ordering the voice sample without arrest Correct Answer Incorrect Answer
    E A first-class Magistrate has no authority to order voice samples; only a District and Sessions Judge can issue such orders Correct Answer Incorrect Answer

    Solution

    Explanation: Section 349 of the BNSS provides: "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." The second proviso creates an exception to the general arrest requirement. This provision is significant as it allows Magistrates to collect forensic evidence (including voice samples) even in absence of arrest, provided judicial reasoning is recorded. This balances investigative necessity with civil liberties protection. The provision empowers a Magistrate of the first class specifically and does not require consent from the person—it is a judicial order. This is a critical modern addition to BNSS reflecting forensic investigation requirements and exemplifies the statute's procedural sophistication

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