Section 310 BNSS: Record in warrant-cases (Formerly Section 275 CrPC)

Section 310 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record in warrant-cases

Official Bare Act Text

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

(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.

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 310

Section 310 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 275 of the CrPC, 1973) regulates the recording of evidence in warrant-cases tried before Magistrates, requiring question-answer deposition or narrative recording.

Mode of Recording: Evidence of each witness shall be taken down in writing by the Magistrate or dictated in open court to a typist or computer operator, or recorded by audio-video electronic means.
Narrative vs. Question-and-Answer: Evidence is ordinarily taken down in the form of a narrative, but the Magistrate may, in their discretion, take down any particular question and answer.
Judicial Authentication: The deposition must be signed by the Magistrate and forms part of the permanent judicial record.

Key Landmark Precedents:

Basavaraj R. Patil v. State of Karnataka, (2000) 8 SCC 740: The Supreme Court emphasized that accurate transcription of evidence is essential to preserve the integrity of the judicial process.
State of Rajasthan v. Ani, (1997) 6 SCC 162: Observed that where vital discrepancies arise, recording evidence in question-and-answer format is preferable to ensure exact precision.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a witness makes a startling contradictory statement or is confronted with an omission under Section 145/148 BSA, insist that the Magistrate record that specific exchange in question-and-answer format.