Section 309 BNSS: Record in summons-cases and inquiries (Formerly Section 274 CrPC)

Section 309 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record in summons-cases and inquiries

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court:

Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.

(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 309

Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 274 of the CrPC, 1973) specifies the mode of recording evidence in summons-cases and summary inquiries, mandating the Magistrate to make a memorandum of the substance of evidence.

Memorandum of Substance: In all summons-cases and inquiries, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence.
Language and Form: Must be in the language of the Court, written and signed by the Magistrate with their own hand or dictated in open court.
Part of Judicial Record: The memorandum forms an official part of the court record for all appellate and revisional determinations.

Key Landmark Precedents:

Kashmira Singh v. State of M.P., AIR 1952 SC 159: The Supreme Court noted that the memorandum must faithfully capture all material parts of witness testimony, including admissions elicited during cross-examination.
Abdul Rahman v. Emperor, AIR 1927 PC 44: The Privy Council established that procedural defects in recording evidence under the Code are curable under saving sections only if no failure of justice has occurred.

Courtroom Practice & Strategic Litigation Guidance:

In summons trials, monitor the Magistrate's memorandum during cross-examination; if a critical admission is omitted, politely request the court to record the specific question and answer verbatim.