Section 309 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 309 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes the procedure for recording evidence in summons cases and inquiries conducted by Magistrates. This provision is analogous to Section 274 of the Indian Penal Code (IPC), 1973, which outlines similar procedures for recording evidence in criminal cases.
🧾 Section 309: Record in Summons Cases and Inquiries
1. Recording of Evidence
Summons Cases: In all summons cases tried before a Magistrate.
Inquiries: In all inquiries under Sections 164 to 167 (both inclusive)
Proceedings under Section 491: In all proceedings under Section 491, otherwise than in the course of a trial
In these cases, the Magistrate is required to
As each witness is examined, make a memorandum of the substance of their evidence in the language of the Court.
If the Magistrate is unable to make such a memorandum themselves, they must:
Record the reason for their inability.
Cause the memorandum to be made in writing or from their dictation in open Court.
2. Signing and Inclusion in Record
The memorandum must be signed by the Magistrate.
It shall form part of the official record of the case.
⚖️ Legal Context
This provision mirrors Section 274 of the Indian Penal Code (IPC), 1973, which similarly mandates the recording of evidence in summons cases and inquiries. Both sections aim to ensure that the proceedings are accurately documented, maintaining the integrity and transparency of the judicial process.
🔍 Practical Implications
For the Magistrate: Ensures a structured approach to recording witness testimonies, facilitating accurate documentation and reference.
For Legal Practitioners: Provides clarity on the procedural requirements for recording evidence, aiding in the preparation and presentation of cases.
For the Accused and Complainant: Guarantees that all testimonies are formally recorded, preserving the fairness and transparency of the proceedings.
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