Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 309
Code: Section 309(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section mandates the Magistrate to maintain a written record of the evidence presented during specific proceedings. It ensures transparency, accountability, and accuracy in the judicial process.
- Applicability: The section applies to:
- Summons-cases tried before a Magistrate.
- Inquiries under sections 165 to 168 (both inclusive).
- Proceedings under section 493 (except during trial).
- Memorandum: The Magistrate must create a memorandum of the substance of the evidence as each witness is examined. This memorandum must be in the language of the Court.
- Inability to Record: If the Magistrate cannot create the memorandum themselves, they must document the reason for their inability and have the memorandum prepared in writing or dictated in open court.
- Signature and Record: The memorandum must be signed by the Magistrate and becomes an official part of the case record.
Illustration:
Imagine a case where a witness is testifying in a summons-case before a Magistrate. The Magistrate listens to the witness’s testimony and then makes a written note of the essential points of the evidence. This note is then signed by the Magistrate and becomes part of the official case file.
Common Questions and Answers:
- Q: What is the purpose of this memorandum?
- A: The memorandum serves as a permanent record of the evidence presented. It ensures that the proceedings are accurately documented and can be reviewed in the future.
- Q: Who is responsible for creating the memorandum?
- A: The Magistrate is primarily responsible for creating the memorandum. However, if they are unable to do so, someone else must do it under their supervision.
- Q: What happens if the memorandum is not created?
- A: Failure to create the memorandum could lead to procedural irregularities and could potentially impact the case.
