Code: Section 310 BNSS
310. (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.
Explanation of Section 310 BNSS
Section 310 BNSS provides detailed guidelines for recording the evidence of a witness in warrant-cases tried before a Magistrate. The key aspects are:
- Recording of Evidence:
The entire testimony of each witness must be recorded in writing. This can be done directly by the Magistrate or by an officer appointed by him, under his direction and superintendence. The recording must capture the evidence as the examination proceeds. - Alternative Recording Methods:
If the Magistrate is unable to record the evidence personally due to physical or other incapacity, an officer is appointed to record it. Additionally, the Magistrate may permit the evidence to be recorded using audio-video electronic means, provided that the advocate of the accused is present. This ensures flexibility and the continued administration of justice even under challenging circumstances. - Certification of Inability:
When the Magistrate does not record the evidence himself, he must record a certificate stating the reasons (physical or other incapacity) for his inability to do so. This certification is an important part of maintaining the integrity of the record. - Format of the Record:
The evidence is ordinarily taken down as a narrative—a continuous account of the witness’s testimony. However, the Magistrate has the discretion to record any part of the evidence in a question-and-answer format if that format better captures the examination. This flexibility allows the record to accurately reflect the dynamics of the witness’s examination. - Finalization and Incorporation into the Record:
After the evidence is recorded, it must be signed by the Magistrate. This signature certifies that the evidence has been properly recorded and becomes an integral part of the official record for the case.
Illustration
Example 1: Standard Narrative Recording
In a warrant-case trial, a witness provides a detailed account of events related to the case. The Magistrate directly records the witness’s testimony in a continuous narrative during the examination in open Court. After the testimony is fully recorded, the Magistrate signs the record, thereby incorporating the complete and accurate testimony into the case file.
Example 2: Use of an Appointed Officer
In another case, the Magistrate faces a temporary physical incapacity and is unable to record the evidence himself. Under his direction, an officer of the Court is appointed to record the witness’s testimony. The Magistrate then records a certificate explaining his incapacity, and the officer takes down the evidence in a narrative form. Once the examination is complete, the Magistrate signs the record to certify its accuracy.
Example 3: Audio-Video Electronic Recording
During a trial, a witness’s testimony is recorded using audio-video electronic means because the Magistrate opts for this method to ensure clarity and accuracy. The advocate of the accused is present during the electronic recording. The recorded evidence is then incorporated into the official record after being signed off by the Magistrate.
Common Questions and Answers on Section 310 BNSS
1. Who is responsible for recording the witness’s evidence in warrant-cases?
- Answer:
The evidence is taken down by the Magistrate himself or by an officer of the Court appointed by the Magistrate under his direction and superintendence.
2. What happens if the Magistrate is unable to record the evidence personally?
- Answer:
If the Magistrate is unable to record the evidence due to physical or other incapacity, an officer is appointed to do so, and the Magistrate must record a certificate stating the reasons for his inability.
3. In what form is the witness’s evidence ordinarily recorded?
- Answer:
The evidence is ordinarily taken down in the form of a narrative. However, the Magistrate may record parts of the evidence in a question-and-answer format at his discretion.
4. Can electronic means be used to record evidence?
- Answer:
Yes, evidence may also be recorded by audio-video electronic means, provided that the advocate of the accused is present during the recording.
5. How is the recorded evidence finalized for the record?
- Answer:
The recorded evidence must be signed by the Magistrate, which certifies that it has been properly taken down and becomes part of the official record.
Conclusion
Section 310 BNSS ensures that the evidence of witnesses in warrant-cases is accurately and comprehensively recorded, whether by the Magistrate directly or through an appointed officer, and allows for the use of modern recording methods when necessary. This procedure is essential for maintaining the integrity of the judicial record and for ensuring that all evidence is properly documented for use in subsequent proceedings. For further legal insights and detailed guidance on evidentiary procedures, visit ApniLaw.
