Section 310 of the Code of Criminal Procedure empowers any Judge or Magistrate to visit and inspect any place where an offence is alleged to have been committed, or any other place, if the same is necessary for the purpose of properly appreciating the evidence given at the trial. Such local inspection can take place at any stage of an inquiry, trial or other proceeding, after due notice to the parties.
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The Judge or Magistrate must thereafter record a Memorandum of the relevant facts observed at such local inspection without any unnecessary delay, and this Memorandum forms part of the record of the case. If the Prosecutor, or the complainant, or the accused, or any other party to the case so desires, a copy of the Memorandum is to be furnished to him free of charge.
ADVERTISEMENTS:
Local inspection of the place of occurrence of the offence is made only for the purpose of appreciating the evidence of the case, and for no other purpose. It cannot be used for preparing the background for appreciating the evidence of the witnesses, because that is to be done by the parties themselves, and the Magistrate is not expected to supply the lacuna in evidence by local inspection. If local inspection is used to prepare the background, it takes the place of obtaining additional evidence, which is not permissible. (Chandran, — 1974 Cr. L.J. 52)
However, failure to make a memorandum under S. 310 and keep it on record of the case does not vitiate a trial or a proceeding, —unless it has resulted in failure of justice or has caused prejudice to the accused. (Adam Ahmed, — 1970 Cr. L.J. 1350)