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Section 310 - The Bharatiya Nagarik Suraksha Sanhita, 2023
310. Record in warrant-cases.
(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.
Related Sections
- Section 376: Procedure where prisoner of unsound mind is reported capable of making his defence
- Section 95: Procedure as to letters
- Section 55: Procedure when police officer deputes subordinate to arrest without warrant
- Section 342: Procedure when corporation or registered society is an accused
- Section 523: Power of High Court to make rules
Related Acts
- National Bank for Agriculture and Rural Development (Amendment) Act, 2017
- Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019
- National Institutes of Technology, Science Education and Research (Amendment) Act, 2017
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
- Footwear Design and Development Institute Act, 2017