BNSS Section 310 — Record in warrant-cases

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

In warrant-cases being tried before a Magistrate, the evidence of each witness must be written down as the witness gives it. The Magistrate can write it themselves, dictate it in open court, or if they cannot due to a physical or other incapacity, they can have a court officer write it under their direction. Evidence can also be recorded through audio-video electronic means if the accused person’s lawyer is present. When the Magistrate does not write the evidence themselves, they must record a certificate explaining why. The evidence is usually written as a continuous story, but the Magistrate may choose to write part of it as questions and answers. The written evidence must be signed by the Magistrate and becomes part of the official court record.

Official 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.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.424 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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