CrPC Section 275 — Record in warrant-cases

Summary

Sub-section (1) requires the evidence of each witness in a warrant-case tried before a Magistrate to be written down as the witness is examined. The Magistrate may write it down or dictate it in open court. If the Magistrate cannot do so because of physical or other incapacity, an officer of the Court appointed for this purpose may record it under the Magistrate’s direction and supervision. The evidence may also be recorded by audio-video electronic means in the presence of the accused person’s advocate.

Sub-section (2) requires the Magistrate to record a certificate stating that the evidence could not be written down by the Magistrate personally for the reasons mentioned in sub-section (1).

Sub-section (3) says that the evidence is ordinarily to be recorded as a narrative. The Magistrate may, at their discretion, record or have recorded any part of it in question-and-answer form.

Sub-section (4) requires the Magistrate to sign the evidence that has been recorded. It then forms part of the 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: 2[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.

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §277 — Language of record of evidence
• CrPC §278 — Procedure in regard to such evidence when completed

Old <-> New Code Mapping

• BNSS §310 — Record in warrant-cases