Home  /  Code on Social Security, 2020  /  Section 94

Section 94: Method of recording evidence

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 93 All 163 Sections of Code on Social Security, 2020 Section 95

Legal Commentary & Landmark Judgments: Section 94

Section 94 of the Code on Social Security, 2020 regulates the method of recording evidence in compensation proceedings, empowering the Competent Authority to record summary minutes of witness depositions and medical evidence while dispensing with verbose verbatim reporting.

  • Summary Evidence Recording Mandate: Mandates that the Competent Authority shall make a brief memorandum of the substance of the evidence of every witness as the examination proceeds, and such memorandum shall be written and signed by the Competent Authority with their own hand or recorded electronically in the official record.
  • Substantive Evidentiary Value of the Memorandum: The memorandum of evidence recorded under Section 94 constitutes the official judicial record of the case and shall be used in all appellate and review proceedings before the High Court, possessing full evidentiary validity.
  • Special Procedure for Medical and Expert Testimony: Where medical evidence regarding the extent of disability, occupational disease, or loss of earning capacity is tendered, the authority is empowered to examine the medical officer on affidavit or summon the doctor for cross-examination only when substantial doubts regarding the disability certificate exist.
  • Electronic Transcription and Verification Safeguards: Authorizes the use of digital recording, speech-to-text transcription, and video-conference examination of distant or bedridden witnesses, subject to proper electronic verification and authentication standards.
Key Landmark Precedents:
  • State of Mysore v. S.S. Makapur (1963) 2 SCR 943: The Constitution Bench of the Supreme Court held that tribunals exercising quasi-judicial functions are not courts and need not record evidence verbatim like ordinary civil courts; a summary record embodying the true substance of the statements satisfies natural justice.
  • Bareilly Electricity Supply Co. Ltd. v. The Workmen (1971) 2 SCC 617: The Supreme Court ruled that even in summary proceedings, witnesses must be tendered for cross-examination if their statements are relied upon to impose substantial financial liability.
  • K.L. Tripathi v. State Bank of India (1984) 1 SCC 43: The Supreme Court affirmed that the recording of evidence in summary administrative proceedings must be fair and reasonable, and no prejudice is caused if the substance of witness testimonies is faithfully captured.
Courtroom Practice & Strategic Litigation Guidance:

In compensation trials, cross-examining counsel must be acutely aware that the Competent Authority is taking down a summary memorandum rather than verbatim shorthand. Keep cross-examination sharp, concise, and focused on core admissions: employment status, wage rates, and whether the accident occurred on the employer's premises during work hours. Immediately review the written memorandum at the end of the witness examination and request the authority to record any specific material admission that may be crucial for an appeal under Section 98.

Section 93 All 163 Sections of Code on Social Security, 2020 Section 95