Section 310 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 310 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the procedure for recording evidence in warrant-cases tried before a Magistrate. This provision is analogous to Section 273 of the Indian Penal Code (Cr.P.C.).(
Key Provisions of Section 310 BNSS, 2023
Recording of Evidence:
The Magistrate is required to take down the evidence of each witness in writing as their examination proceeds.
This can be done by the Magistrate personally, by dictation in open court, or, if the Magistrate is unable to do so due to physical or other incapacity, under their direction and supervision by a court officer appointed for this purpose.
Alternatively, the evidence may be recorded using audio-video electronic means in the presence of the accused's advocate.
Certification of Inability:
If the Magistrate cannot personally record the evidence, they must provide a certificate stating the reasons for their inability.
Form of Recording:
The evidence is typically recorded in a narrative form.
However, the Magistrate has the discretion to record any part of the evidence in a question-and-answer format if deemed necessary.
Signing and Inclusion in Record:
The recorded evidence must be signed by the Magistrate.
Once signed, it becomes part of the official court record.
These procedures ensure transparency and accuracy in the documentation of witness testimonies during criminal trials.
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