BNSS Section 311 — Record in trial before Court of Session

Summary

In trials held in a Sessions Court, the judge must write down the testimony of each witness as they speak, either by writing it themselves, dictating it aloud in court, or having a court officer they appoint do it under their supervision. This testimony is usually recorded as a continuous story, but the judge can choose to write it as a series of questions and answers if they think it is appropriate. Once recorded, the judge signs the written testimony, and it becomes part of the official court record.

Official Text

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

Related Judgments

• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — 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.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §276 — Record in trial before Court of Session