Section 275 CrPC: Record in warrant-cases

Code of Criminal Procedure, 1973

Section 275 CrPC at a Glance

Section 275 CrPC deals with record in warrant-cases. From 1 July 2024 it is replaced by Section 310 BNSS.

Now BNSS

Section 310 →

What Section 275 CrPC Says

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.

Source: Section 275, Code of Criminal Procedure, 1973

Section 275 CrPC in Simple Words

Section 275 of the Code of Criminal Procedure, 1973 deals with the record in warrant-cases. In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as the examination proceeds, be taken down in writing.

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

When Section 275 CrPC 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 275(1) CrPC.
  • 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 275 CrPC

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

Example of Section 275 CrPC

Vikram is the accused in a warrant-case tried before a Magistrate. As the examination of each witness proceeds, the Magistrate takes down the evidence of the witness in writing under Section 275 of the Code of Criminal Procedure, 1973. The evidence is ordinarily taken down in the form of a narrative. The Magistrate signs the evidence so taken down, and the evidence forms part of the record.

When Section 275 CrPC Does Not Apply

  • Section 275 CrPC speaks of warrant-cases tried before a Magistrate. It does not deal with the record in summons-cases, which is the subject of Section 274 CrPC.
  • Section 275 CrPC 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 276 CrPC.

Section 275 CrPC Under BNSS 310: What Changed

Section 275 CrPC is now covered under Section 310 BNSS.

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

View detailed comparison (CrPC 275 vs BNSS 310) →

FAQs on Section 275 CrPC

How is the evidence of a witness recorded under Section 275 CrPC?▼

In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as the examination proceeds, be taken down in writing by the Magistrate or by the Magistrate's dictation in open Court. Where the Magistrate is unable to do so owing to a physical or other incapacity, an officer of the Court appointed by the Magistrate takes it down under the Magistrate's direction and superintendence.

Can evidence be recorded by audio-video electronic means under Section 275 CrPC?▼

Yes. Under the proviso to Section 275(1) CrPC, 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.

In what form is the evidence taken down under Section 275 CrPC?▼

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

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.

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

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