BNSS Section 309: Record in summons-cases and inquiries
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 25: EVIDENCE IN INQUIRIES AND TRIALS (A.—Mode of taking and recording evidence, B.—Commissions for the examination of witnesses)
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309.
(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 307. Language of Courts
- 308. Evidence to be taken in presence of accused
- 310. Record in warrant-cases
- 311. Record in trial before Court of Session
- 312. Language of record of evidence
- 313. Procedure in regard to such evidence when completed
- 314. Interpretation of evidence to accused or his advocate
- 315. Remarks respecting demeanour of witness
- 316. Record of examination of accused
- 317. Interpreter to be bound to interpret truthfully
- 318. Record in High Court
- 319. When attendance of witness may be dispensed with and commission issued
- 320. Commission to whom to be issued
- 321. Execution of commissions
- 322. Parties may examine witnesses
- 323. Return of commission
- 324. Adjournment of proceeding
- 325. Execution of foreign commissions
- 326. Deposition of medical witness
- 327. Identification report of Magistrate
- 328. Evidence of officers of Mint
- 329. Reports of certain Government scientific experts
- 330. No formal proof of certain documents
- 331. Affidavit in proof of conduct of public servants
- 332. Evidence of formal character on affidavit
- 333. Authorities before whom affidavits may be sworn
- 334. Previous conviction or acquittal how proved
- 335. Record of evidence in absence of accused
- 336. Evidence of public servants, experts, police officers in certain cases