CrPC 275→BNSS 310

CrPC 275 to BNSS 310: Record in warrant-cases

Section 275 CrPC (1973) replaced by Section 310 BNSS (2023)

View CrPC Section 275 →View BNSS Section 310 →

CrPC 275 to BNSS 310 at a Glance

Section 275 CrPC (Record in warrant-cases) is now Section 310 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 275 to BNSS 310?

Section 310 BNSS has the same heading and the same text as Section 275 CrPC.

CrPC 275 vs BNSS 310: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section275310
HeadingRecord in warrant-casesSame
Sub-sections4 sub-sectionsSame

CrPC 275 and BNSS 310: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 275, CrPC 1973

275. Record in warrant-cases.—(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: 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.
BNSS 2023 (in force)

Section 310, BNSS 2023

310. Record in warrant-cases.—(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: 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.

When It Applies: CrPC 275 vs BNSS 310

Under CrPC 275
  1. The evidence of each witness shall be taken down in writing as the examination proceeds.
  2. It is taken down by the Magistrate, by the Magistrate's dictation in open Court, or, where the Magistrate is unable to do so owing to a physical or other incapacity, under the Magistrate's direction and superintendence by an officer of the Court appointed for that purpose.
  3. Evidence of a witness may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
  4. Where the Magistrate causes the evidence to be taken down, the Magistrate shall record a certificate that the evidence could not be taken down by the Magistrate for the reasons referred to in Section 275(1) CrPC.
  5. The evidence shall ordinarily be taken down in the form of a narrative, and the Magistrate may take down, or cause to be taken down, any part of the evidence in the form of question and answer.
  6. The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
Under BNSS 310
  1. The evidence of each witness shall be taken down in writing as the examination proceeds.
  2. It is taken down by the Magistrate, by the Magistrate's dictation in open Court, or, where the Magistrate is unable to do so owing to a physical or other incapacity, under the Magistrate's direction and superintendence by an officer of the Court appointed for that purpose.
  3. Evidence of a witness may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
  4. Where the Magistrate causes the evidence to be taken down, the Magistrate shall record a certificate that the evidence could not be taken down by the Magistrate for the reasons referred to in Section 310(1) BNSS.
  5. The evidence shall ordinarily be taken down in the form of a narrative, and the Magistrate may take down, or cause to be taken down, any part of the evidence in the form of question and answer.
  6. The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

Time Limits: CrPC 275 to BNSS 310

Under CrPC 275
  • The evidence is taken down as the examination of each witness proceeds.Act text: “as his examination proceeds”
Under BNSS 310
  • The evidence is taken down as the examination of each witness proceeds.Act text: “as his examination proceeds”

What CrPC 275 to BNSS 310 Means in Practice

Evidence in warrant-cases tried before a Magistrate is taken down under Section 310 BNSS in the words of Section 275 CrPC. The proviso on audio-video electronic means in the presence of the advocate of the person accused of the offence is in both.

FAQs: CrPC 275 to BNSS 310

Where is Section 275 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 275(1) CrPC in Section 310(1) BNSS, Section 275(2) CrPC in Section 310(2) BNSS, Section 275(3) CrPC in Section 310(3) BNSS and Section 275(4) CrPC in Section 310(4) BNSS.

Is the proviso on audio-video electronic means different in Section 310 BNSS?▼

No. Section 310(1) BNSS and Section 275(1) CrPC both provide that evidence of a witness may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.

Is the certificate different between Section 275(2) CrPC and Section 310(2) BNSS?▼

No. Both provide that where the Magistrate causes the evidence to be taken down, the Magistrate shall record a certificate that the evidence could not be taken down by the Magistrate for the reasons referred to in Section 275(1) CrPC and Section 310(1) BNSS respectively.

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 ·