CrPC Section 274 — Record in summons-cases and inquiries

Summary

Sub-section (1) requires the Magistrate, as each witness gives evidence, to make a note of its substance in the language of the Court. This applies in summons-cases tried before a Magistrate, inquiries under sections 145 to 148, and proceedings under section 446 that are not part of a trial. If the Magistrate cannot make the note personally, the Magistrate must record the reason and arrange for it to be written or made from the Magistrate’s dictation in open Court.

Sub-section (2) requires the Magistrate to sign the note, which then forms part of the record.

Official Text

(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 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.

Sections referred to

• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace
• CrPC §146 — Power to attach subject of dispute and to appoint receiver
• CrPC §147 — Dispute concerning right of use of land or water
• CrPC §148 — Local inquiry
• CrPC §446 — Procedure when bond has been forfeited

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §455 — Destruction of libellous and other matter

Old <-> New Code Mapping

• BNSS §309 — Record in summonscases and inquiries