Section 309 BNSS: Record in summons-cases and inquiries
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 309 BNSS at a Glance
Section 309 BNSS deals with record in summons-cases and inquiries. It replaced Section 274 CrPC on 1 July 2024.
Section 309 BNSS Bare Act Text
(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.
Source: Section 309, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 309 BNSS in Simple Words
Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the record in summons-cases and inquiries. 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.
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. The memorandum shall be signed by the Magistrate and shall form part of the record.
When Section 309 BNSS Applies
- The Magistrate shall make a memorandum of the substance of the evidence as the examination of each witness proceeds.
- 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.
- 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.
- The memorandum shall be signed by the Magistrate and shall form part of the record.
Time Limits Under Section 309 BNSS
- The memorandum is made as the examination of each witness proceeds.Act text: “as the examination of each witness proceeds”
Example of Section 309 BNSS
When Section 309 BNSS Does Not Apply
- Section 309 BNSS speaks of summons-cases tried before a Magistrate. It does not deal with the record of evidence in warrant-cases, which is the subject of Section 310 BNSS.
- Section 309 BNSS speaks of the memorandum of the substance of the evidence made by the Magistrate. It does not deal with the record of evidence in trials before a Court of Session, which is the subject of Section 311 BNSS.
Section 309 BNSS in the CrPC (Previous Law)
Section 309 BNSS replaced Section 274 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 309 BNSS
What must a Magistrate make under Section 309 BNSS?▼
In all summons-cases tried before a Magistrate, 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.
What happens if the Magistrate is unable to make the memorandum under Section 309 BNSS?▼
The Magistrate shall, after recording the reason of the inability, cause the memorandum to be made in writing or from dictation in open Court.
Who signs the memorandum under Section 309 BNSS?▼
The memorandum shall be signed by the Magistrate and shall form part of the record, under Section 309(2) BNSS.
What changed from Section 274 CrPC to Section 309 BNSS from 1 July 2024?▼
Section 309 BNSS has the same heading and the same text as Section 274 CrPC, except that Section 309(1) BNSS refers to inquiries under Section 164 BNSS to Section 167 BNSS where Section 274(1) CrPC referred to inquiries under Section 145 CrPC to Section 148 CrPC, and to proceedings under Section 491 BNSS where Section 274(1) CrPC referred to proceedings under Section 446 CrPC.
Section 309 BNSS: Sub-sections Explained
Section 309(1) BNSS: Record in summons-cases and inquiries
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Bare Act Text
(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.
Section 309(2) BNSS: Record in summons-cases and inquiries
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Bare Act Text
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·