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
B The Magistrate can issue an order for specimen voice sample without arrest only if the person voluntarily consents in writing
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
D The Magistrate must first conduct a preliminary inquiry before ordering the voice sample without arrest
E A first-class Magistrate has no authority to order voice samples; only a District and Sessions Judge can issue such orders
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