(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.
Bharatiya Nagarik Suraksha Sanhita
Section 309
Record in summonscases and inquiries
Englishहिंदी
⚡ Quick Answer Reference: Section 309 BNSS
- Provision: Section 309 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section requires a Magistrate to make a memorandum of witness evidence in summons-cases and inquiries, which must be signed and form part of the record.
Statutory Content
What does Section 309 of BNSS say?
Indian StandardSection 309, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 309 (India)
Court Pleading StandardSection 309 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/309
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 309 of BNSS mean?
Plain English Explanation
This section requires a Magistrate to make a memorandum of witness evidence in summons-cases and inquiries, which must be signed and form part of the record.
Practical Interpretation
In practice, this section ensures that a record of witness testimony is maintained, allowing for accurate reference and review of evidence during legal proceedings.
Core Legal Purpose
The purpose of this provision is to promote transparency, accountability, and fairness in legal proceedings by maintaining a reliable record of witness evidence.
Key Legal Elements
- •The Magistrate must make a memorandum of the substance of the evidence as each witness is examined.
- •The memorandum must be made in the language of the Court.
- •If the Magistrate is unable to make the memorandum, they must record the reason and have it made in writing or from dictation in open Court.
- •The memorandum must be signed by the Magistrate and form part of the record.
Practical Example
Practical Example of Section 309 BNSS
For instance, in a summons-case before a Magistrate, Rajesh is called as a witness. As Rajesh testifies, the Magistrate makes a memorandum of the substance of his evidence. If the Magistrate is unable to write, they may dictate the memorandum to a clerk in open Court. The signed memorandum then becomes part of the official record, allowing the court to accurately reference Rajesh's testimony during the proceedings.
Common Questions (FAQ)
Frequently Asked Questions about Section 309 BNSS
Q: What is the punishment or consequence under Section 309 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to Magistrates and the conduct of legal proceedings, not directly to private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 309 BNSS
What is Section 309 of BNSS?
Section 309 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record in summonscases and inquiries". In plain terms: This section requires a Magistrate to make a memorandum of witness evidence in summons-cases and inquiries, which must be signed and form part of the record.
What is the punishment under Section 309 of BNSS?
Section 309 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 309 of BNSS bailable or non-bailable?
Whether Section 309 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 309 of BNSS?
The essential elements of Section 309 of BNSS are: The Magistrate must make a memorandum of the substance of the evidence as each witness is examined.; The memorandum must be made in the language of the Court.; If the Magistrate is unable to make the memorandum, they must record the reason and have it made in writing or from dictation in open Court..
Landmark Case Laws
Landmark Judgments under Section 309 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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