Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 310
Code:
Section 310 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the Indian Penal Code, deals with the recording of evidence in warrant-cases tried before a Magistrate.
Explanation:
This section lays down the procedure for recording evidence in warrant-cases. It emphasizes the importance of a written record of the evidence and specifies how it should be done:
- Direct Recording: The Magistrate must either personally write down the evidence as it is being given or dictate it to a court officer.
- Audio-Video Recording: In certain circumstances, with the consent of the accused’s lawyer, evidence can be recorded using audio-video electronic means.
- Certificate of Inability: If the Magistrate is unable to personally record the evidence due to physical or other incapacities, they must record a certificate stating the reason.
- Form of Recording: The evidence is usually taken down in a narrative form, but the Magistrate has the discretion to record it in question-and-answer format if necessary.
- Signing and Record: The recorded evidence must be signed by the Magistrate and becomes part of the court’s official record.
Illustration:
Imagine a witness is testifying in a theft case before a Magistrate. The Magistrate, unable to personally write down the evidence due to a hand injury, appoints a court officer to take down the evidence as the witness speaks. The officer records the evidence in a narrative form, and the Magistrate then signs the transcript. This signed transcript becomes part of the case record.
Common Questions and Answers:
Q: What is a warrant-case?
A: A warrant-case is a criminal case where the Magistrate issues a warrant for the arrest of the accused person.
Q: Why is it important to record evidence in writing?
A: A written record ensures that the evidence is preserved accurately and can be used later for reference, review, and analysis. It also helps maintain transparency and accountability in the judicial process.
Q: When can evidence be recorded using audio-video means?
A: This is permitted only with the consent of the accused’s lawyer. This method can be helpful in cases where the witness is visually impaired or has a speech impediment, allowing for a more accurate and complete recording.
