Section 310 of BNSS, 2023 — Record in Warrant-Cases

Introduction

Section 310 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of evidence in warrant-cases.

The provision lays down how evidence should be recorded by the Magistrate during the trial of a warrant-case. It requires the evidence of each witness to be recorded in writing and provides rules regarding the manner in which such evidence is recorded, read over, corrected and signed.

Statutory Basis

Section 310 applies to the trial of warrant-cases before Magistrates.

The evidence of each witness must be taken down in writing, ordinarily in the form of a narrative.

The provision also permits the Magistrate, in appropriate cases, to record the evidence in the form of questions and answers.

Recording of Evidence

The Magistrate must record the evidence of each witness in writing.

The evidence should ordinarily be recorded in a narrative form, meaning that the substance of the witness’s testimony is recorded as a continuous account rather than reproducing the examination in question-and-answer format.

However, the Magistrate may, in their discretion, record any particular part of the evidence in the form of questions and answers.

Evidence to Be Recorded in the Language of the Court

The evidence must be recorded in the language of the Court.

This ensures consistency in the preparation and maintenance of the judicial record.

Where the evidence is recorded in a language different from the language in which it was given, the applicable procedural safeguards relating to interpretation and recording must be followed.

Reading Over of Evidence

After the evidence of a witness has been recorded, it must be read over to the witness.

The purpose of reading over the evidence is to allow the witness to verify whether the evidence has been correctly recorded.

The witness is therefore given an opportunity to identify any error or omission in the recorded testimony.

Correction of Evidence

If the witness wishes to make any correction or amendment to the evidence, the correction may be made in accordance with the procedure prescribed by the section.

The purpose is to ensure that the written record accurately represents the evidence actually given by the witness.

The process of reading over and correction helps maintain the reliability of the trial record.

Signature of the Witness

After the evidence has been read over and any permissible corrections have been made, the witness is required to sign the record.

The signature serves as confirmation that the recorded evidence has been read over and accepted as correctly recorded, subject to any corrections made according to law.

Signature of the Magistrate

The Magistrate also signs the record of the evidence.

This authenticates the judicial record and confirms that the evidence was recorded during the proceedings before the Magistrate.

Importance of Recording Evidence

Proper recording of evidence is essential because the written record may subsequently be required for:

• judgment of the case;
• appeal;
• revision;
• consideration of contradictions or inconsistencies; and
• examination of the correctness of the proceedings.

A properly authenticated record therefore forms an important part of the criminal trial.

Difference Between Section 309 and Section 310

Section 309 — Summons-Cases

Section 309 requires a memorandum of the substance of evidence in summons-cases and specified inquiries.

Section 310 — Warrant-Cases

Section 310 provides for a more detailed written record of the evidence in warrant-cases.

Thus, the method of recording evidence differs according to the nature of the proceeding.

Procedure Under Section 310

The procedure can be understood as follows:

1. A warrant-case is being tried before a Magistrate.
2. A witness is examined.
3. The Magistrate records the witness’s evidence in writing.
4. The evidence is ordinarily recorded in narrative form.
5. The Magistrate may record particular portions in question-and-answer form.
6. The evidence is read over to the witness.
7. Any permissible corrections are made.
8. The witness signs the record.
9. The Magistrate authenticates the record by signing it.

Example

Suppose a Magistrate is conducting the trial of a warrant-case and a prosecution witness gives evidence.

The Magistrate records the evidence in writing, ordinarily in narrative form. After the examination is completed, the recorded evidence is read over to the witness.

If the witness points out an error, the necessary correction is made according to the prescribed procedure. The witness and Magistrate then sign the record.

Purpose of Section 310

The main objectives of the provision are:

• to maintain an accurate record of evidence;
• to ensure that the witness has an opportunity to verify the recorded testimony;
• to authenticate the evidence through the required signatures;
• to facilitate proper adjudication of the case; and
• to preserve the record for appellate or revisional proceedings.

BNSS and CrPC

Section 310 BNSS corresponds to Section 275 of the Code of Criminal Procedure, 1973.

The basic framework relating to recording evidence in warrant-cases has been substantially retained.

Important Points

• Section 310 deals with recording of evidence in warrant-cases.
• It applies to warrant-cases tried before Magistrates.
• Evidence is recorded in writing.
• The evidence is ordinarily recorded in narrative form.
• The Magistrate may record particular portions in question-and-answer form.
• The evidence is read over to the witness.
• Corrections may be made according to the prescribed procedure.
• The recorded evidence is authenticated by the required signatures.
• Section 310 corresponds to Section 275 CrPC.

Quick Revision

• Section: 310, BNSS, 2023
• Subject: Record in warrant-cases
• Authority: Magistrate
• Application: Warrant-cases tried before Magistrates
• Form: Written record of evidence
• Ordinary method: Narrative form
• Alternative: Question-and-answer form for particular portions
• Safeguard: Evidence is read over to the witness
• Authentication: Signature of witness and Magistrate
• Corresponding CrPC provision: Section 275

ALSO READ: Section 309 – Record in summons-cases and inquiries

Conclusion

Section 310 BNSS establishes the procedure for recording evidence in warrant-cases tried by Magistrates. By requiring written recording, providing for narrative or question-and-answer forms, and ensuring that the evidence is read over and authenticated, the provision seeks to maintain an accurate and reliable record of the trial.