What Is BNSS Section 309?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 309: Record in summons cases and inquiries

(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 165 to 168 (both inclusive), and in all proceedings under section 493 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.

Brefe Detail

Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the requirements for recording evidence in summons cases and inquiries. It mandates that a Magistrate must create a memorandum of witness testimonies in the language of the Court. If the Magistrate cannot make this record personally, they must document the reason for their inability and arrange for the memorandum to be created from their dictation. This memorandum must be signed by the Magistrate and will be included in the official record.

Question & Answers

What is required of a Magistrate in summons cases according to Section 309?

The Magistrate must make a memorandum of the substance of the evidence as each witness is examined.

What should happen if the Magistrate is unable to make the memorandum themselves?

The Magistrate must record the reason for their inability and arrange for the memorandum to be made in writing or from their dictation in open Court.

How is the memorandum treated once created?

The memorandum must be signed by the Magistrate and will form part of the official record.

Example

• Example 1: In a summons case involving a theft, as witnesses are examined, the Magistrate creates a memorandum summarizing their testimonies in the Court's language.
• Example 2: If the Magistrate is unable to write down the evidence due to a health issue, they document this reason and have a clerk write the memorandum based on their dictation.

Summary

Section 309 emphasizes the importance of accurately recording witness testimonies in summons cases and inquiries. It outlines the responsibilities of the Magistrate in creating a memorandum, ensuring that all evidence is documented properly and included in the case record, thereby maintaining the integrity of the legal process.