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?

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