Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 311
Code: Section 311 (1), (2), (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section of the BNSS (Indian Penal Code) deals with the recording of witness testimony in trials before a Court of Session. It mandates that the evidence of each witness must be recorded in writing during their examination. Here’s a breakdown:
- Section 311 (1): This subsection specifies the methods for recording witness testimony:
- By the Presiding Judge: The judge can personally take down the evidence in writing.
- By dictation: The judge can dictate the testimony to an officer of the court, who will record it.
- Under direction and superintendence: The judge can appoint a court officer to record the testimony under their supervision.
- Section 311 (2): This subsection states that the evidence is usually recorded as a narrative (the witness’s own words). However, the judge has the discretion to record parts of the testimony in the form of questions and answers if deemed necessary.
- Section 311 (3): This subsection mandates that the recorded evidence must be signed by the presiding judge and becomes part of the official court record.
Illustration:
Imagine a witness testifying about a theft. The judge, following Section 311, might:
- Direct an officer of the court to record the witness’s narrative account of the event.
- Ask specific questions to clarify details of the theft, recording those questions and answers.
- Sign the complete record of the witness’s testimony after the examination.
Common Questions and Answers:
- Q: Why is recording evidence in writing mandatory?
A: It ensures accuracy, prevents discrepancies, and creates a permanent record for future reference.
- Q: When is recording in question and answer format preferred?
A: When the judge needs to ensure specific details are captured or when there are complex or contradictory statements.
- Q: Can a witness refuse to give evidence?
A: No, witnesses are legally obligated to give evidence in a court of law, though they have certain rights to refuse to answer questions that could incriminate them.
