Section 310 BNSS: Record in warrant-cases

Section 310 BNSS Bare Act 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:

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.

Source: Section 310, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 310 BNSS in Simple Words

When Section 310 BNSS Applies

• The evidence of each witness shall be taken down in writing as the examination proceeds.
• 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.
• 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.
• 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.
• 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.
• The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

Time Limits Under Section 310 BNSS

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

Example of Section 310 BNSS

When Section 310 BNSS Does Not Apply

• Section 310 BNSS speaks of warrant-cases tried before a Magistrate. It does not deal with the record in summons-cases, which is the subject of Section 309 BNSS.
• Section 310 BNSS speaks of evidence taken down in writing in warrant-cases. It does not deal with the record in trials before a Court of Session, which is the subject of Section 311 BNSS.

Section 310 BNSS in the CrPC (Previous Law)

FAQs on Section 310 BNSS

Section 310 BNSS: Sub-sections Explained

Sections Related to Section 310 BNSS