Section 274 CrPC: Record in summons-cases and inquiries

Code of Criminal Procedure, 1973

Section 274 CrPC at a Glance

Section 274 CrPC deals with record in summons-cases and inquiries. From 1 July 2024 it is replaced by Section 309 BNSS.

Now BNSS

Section 309 →

What Section 274 CrPC Says

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.

Source: Section 274, Code of Criminal Procedure, 1973

Section 274 CrPC in Simple Words

Section 274 of the Code of Criminal Procedure, 1973 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 145 CrPC to Section 148 CrPC, both inclusive, and in all proceedings under Section 446 CrPC 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 274 CrPC 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 145 CrPC to Section 148 CrPC, both inclusive, and in all proceedings under Section 446 CrPC 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 274 CrPC

  • The memorandum is made as the examination of each witness proceeds.Act text: “as the examination of each witness proceeds”

Example of Section 274 CrPC

Vikram is the accused in a summons-case tried before a Magistrate. As the examination of each witness proceeds, the Magistrate makes a memorandum of the substance of the evidence in the language of the Court under Section 274 of the Code of Criminal Procedure, 1973. The Magistrate signs the memorandum, and the memorandum forms part of the record.

When Section 274 CrPC Does Not Apply

  • Section 274 CrPC 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 275 CrPC.
  • Section 274 CrPC 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 276 CrPC.

Section 274 CrPC Under BNSS 309: What Changed

Section 274 CrPC is now covered under Section 309 BNSS.

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.

View detailed comparison (CrPC 274 vs BNSS 309) →

FAQs on Section 274 CrPC

What must a Magistrate make under Section 274 CrPC?▼

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 274 CrPC?▼

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 274 CrPC?▼

The memorandum shall be signed by the Magistrate and shall form part of the record, under Section 274(2) CrPC.

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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·