BNSS 310 — Record in warrant-cases.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) In all warrant-cases tried  before a Magistrate, the evidence of
each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself
or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity,
under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
Provided  that  evidence  of  a  witness  under  this  sub-section  may  also be  recorded  by audio-video
electronic means in the presence of the advocate of the person accused of the offence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the
evidence could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in
his discretion take down, or cause to be taken down, any part of such evidence in the form of question and
answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

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