Section 276 CrPC: Record in trial before Court of Session

Code of Criminal Procedure, 1973

Section 276 CrPC at a Glance

Section 276 CrPC deals with record in trial before Court of Session. From 1 July 2024 it is replaced by Section 311 BNSS.

Now BNSS

Section 311 →

What Section 276 CrPC Says

276. Record in trial before Court of Session

(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 276, Code of Criminal Procedure, 1973

Section 276 CrPC in Simple Words

Section 276 of the Code of Criminal Procedure, 1973 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 276 CrPC 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 276 CrPC

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

Example of Section 276 CrPC

Kavita is the accused in a trial before a Court of Session, presided over by Judge Mehta. As the examination of each witness proceeds, the evidence of the witness is taken down in writing by Judge Mehta under Section 276 of the Code of Criminal Procedure, 1973. The evidence is ordinarily taken down in the form of a narrative. Judge Mehta signs the evidence so taken down, and the evidence forms part of the record.

When Section 276 CrPC Does Not Apply

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

Section 276 CrPC Under BNSS 311: What Changed

Section 276 CrPC is now covered under Section 311 BNSS.

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

View detailed comparison (CrPC 276 vs BNSS 311) →

FAQs on Section 276 CrPC

How is the evidence of a witness recorded under Section 276 CrPC?▼

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 276 CrPC?▼

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 276 CrPC?▼

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

Where is Section 276 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 276(1) CrPC in Section 311(1) BNSS, Section 276(2) CrPC in Section 311(2) BNSS and Section 276(3) CrPC in 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, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·