CrPC 274→BNSS 309

CrPC 274 to BNSS 309: Record in summons-cases and inquiries

Section 274 CrPC (1973) replaced by Section 309 BNSS (2023)

View CrPC Section 274 →View BNSS Section 309 →

CrPC 274 to BNSS 309 at a Glance

Section 274 CrPC (Record in summons-cases and inquiries) is now Section 309 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 274 to BNSS 309?

Section 309 BNSS has the same heading and the same text as Section 274 CrPC, except for renumbered cross-references in Section 309(1) BNSS. Section 309(1) BNSS refers to Section 164 BNSS to Section 167 BNSS where Section 274(1) CrPC referred to Section 145 CrPC to Section 148 CrPC. Section 309(1) BNSS refers to Section 491 BNSS where Section 274(1) CrPC referred to Section 446 CrPC.

CrPC 274 vs BNSS 309: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section274309
HeadingRecord in summons-cases and inquiriesSame
Sub-sections2 sub-sectionsSame
Cross-referencess.145, s.446s.164, s.491

CrPC 274 and BNSS 309: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 274, CrPC 1973

274. Record in summons-cases and inquiries.—(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.
BNSS 2023 (in force)

Section 309, BNSS 2023

309. Record in summons-cases and inquiries.—(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 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.

When It Applies: CrPC 274 vs BNSS 309

Under CrPC 274
  1. The Magistrate shall make a memorandum of the substance of the evidence as the examination of each witness proceeds.
  2. This applies in all summons-cases tried before a Magistrate, in all inquiries under Section 145 CrPC to Section 148 CrPC, both inclusive, and in all proceedings under Section 446 CrPC otherwise than in the course of a trial.
  3. If the Magistrate is unable to make the memorandum, the Magistrate shall, after recording the reason of the inability, cause the memorandum to be made in writing or from dictation in open Court.
  4. The memorandum shall be signed by the Magistrate and shall form part of the record.
Under BNSS 309
  1. The Magistrate shall make a memorandum of the substance of the evidence as the examination of each witness proceeds.
  2. This applies in all summons-cases tried before a Magistrate, in all inquiries under Section 164 BNSS to Section 167 BNSS, both inclusive, and in all proceedings under Section 491 BNSS otherwise than in the course of a trial.
  3. If the Magistrate is unable to make the memorandum, the Magistrate shall, after recording the reason of the inability, cause the memorandum to be made in writing or from dictation in open Court.
  4. The memorandum shall be signed by the Magistrate and shall form part of the record.

Time Limits: CrPC 274 to BNSS 309

Under CrPC 274
  • The memorandum is made as the examination of each witness proceeds.Act text: “as the examination of each witness proceeds”
Under BNSS 309
  • The memorandum is made as the examination of each witness proceeds.Act text: “as the examination of each witness proceeds”

What CrPC 274 to BNSS 309 Means in Practice

The Magistrate makes the memorandum of the substance of the evidence in summons-cases, in inquiries under Section 164 BNSS to Section 167 BNSS and in proceedings under Section 491 BNSS otherwise than in the course of a trial. Section 274 CrPC read the same way for Section 145 CrPC to Section 148 CrPC and Section 446 CrPC.

FAQs: CrPC 274 to BNSS 309

Where is Section 274 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 274(1) CrPC in Section 309(1) BNSS and Section 274(2) CrPC in Section 309(2) BNSS.

Which sections does Section 309 BNSS refer to in place of Section 145 CrPC to Section 148 CrPC?▼

Section 309(1) BNSS refers to Section 164 BNSS to Section 167 BNSS. Section 145 CrPC is found in Section 164 BNSS, Section 146 CrPC in Section 165 BNSS, Section 147 CrPC in Section 166 BNSS and Section 148 CrPC in Section 167 BNSS.

Which section does Section 309 BNSS refer to in place of Section 446 CrPC?▼

Section 309(1) BNSS refers to Section 491 BNSS. Section 446 CrPC is headed Procedure when bond has been forfeited, and Section 491 BNSS has the same heading.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·