Section 311 BNSS: Record in trial before Court of Session (Formerly Section 276 CrPC)

Section 311 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record in trial before Court of Session

Official Bare Act Text

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

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.

(3) The evidence so taken down shall be signed by the presiding Judge 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 311

Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 276 of the CrPC, 1973) governs the recording of evidence in trials before the Court of Session, requiring extensive transcription, typing, or audio-video recording.

Sessions Court Procedure: Evidence shall be taken down in writing by the Sessions Judge or dictated in open court, or taken down by an appointed stenographer or computer operator.
Audio-Video Recording Permitted: The Sessions Judge may cause evidence to be recorded by audio-video electronic means.
Certification by Judge: The Sessions Judge must append a certificate that the evidence was read over or interpreted to the witness and admitted to be correct.

Key Landmark Precedents:

Kashmira Singh v. State of M.P., AIR 1952 SC 159: Highlighted that Sessions trials involve capital and life-imprisonment charges; hence, precision in recording testimony is an uncompromising constitutional necessity.
Tara Singh v. State, AIR 1951 SC 441: Held that omission to comply with statutory recording procedures prejudices the accused and warrants appellate scrutiny.

Courtroom Practice & Strategic Litigation Guidance:

Review daily deposition transcripts in Sessions trials immediately upon adjournment to spot typographical transcription errors and move for prompt judicial correction before the witness is discharged.