Section 311 BNSS: Record in trial before Court of Session

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 311 BNSS at a Glance

Section 311 BNSS deals with record in trial before Court of Session. It replaced Section 276 CrPC on 1 July 2024.

Was CrPC

Section 276 →

Section 311 BNSS Bare Act Text

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

Source: Section 311, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 311 BNSS in Simple Words

Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the record in trial before a Court of Session. In all trials before a Court of Session, the evidence of each witness shall, as the examination proceeds, be taken down in writing. The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

When Section 311 BNSS Applies

  • The evidence of each witness shall be taken down in writing as the examination proceeds.
  • It is taken down by the presiding Judge, by the presiding Judge's dictation in open Court, or under the presiding Judge's direction and superintendence by an officer of the Court appointed for that purpose.
  • The evidence shall ordinarily be taken down in the form of a narrative, and the presiding Judge 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 presiding Judge and shall form part of the record.

Time Limits Under Section 311 BNSS

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

Example of Section 311 BNSS

Meera is the accused in a trial before a Court of Session, presided over by Judge Arvind. As the examination of each witness proceeds, the evidence of the witness is taken down in writing by Judge Arvind under Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The evidence is ordinarily taken down in the form of a narrative. Judge Arvind signs the evidence so taken down, and the evidence forms part of the record.

When Section 311 BNSS Does Not Apply

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

Section 311 BNSS in the CrPC (Previous Law)

Section 311 BNSS replaced Section 276 CrPC from 1 July 2024.

Section 311 BNSS has the same heading and the same text as Section 276 CrPC.

Each sub-section below names its own source.

FAQs on Section 311 BNSS

How is the evidence of a witness recorded under Section 311 BNSS?▼

In all trials before a Court of Session, the evidence of each witness shall, as the examination proceeds, be taken down in writing by the presiding Judge or by the presiding Judge's dictation in open Court, or under the presiding Judge's direction and superintendence by an officer of the Court appointed by the presiding Judge.

In what form is the evidence taken down under Section 311 BNSS?▼

The evidence shall ordinarily be taken down in the form of a narrative. The presiding Judge may take down, or cause to be taken down, any part of the evidence in the form of question and answer.

Who signs the evidence under Section 311 BNSS?▼

The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

What changed from Section 276 CrPC to Section 311 BNSS from 1 July 2024?▼

Section 311 BNSS has the same heading and the same text as Section 276 CrPC.

Section 311 BNSS: Sub-sections Explained

Section 311(1) BNSS: Record in trial before Court of Session

▶

Bare Act Text

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

Previous Law

CrPC 276 → Section 311(1) BNSS

Section 311(2) BNSS: Record in trial before Court of Session

▶

Bare Act Text

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.

Previous Law

CrPC 276(2) → Section 311(2) BNSS

Section 311(3) BNSS: Record in trial before Court of Session

▶

Bare Act Text

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

Previous Law

CrPC 276(3) → Section 311(3) BNSS

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·