(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.
Bharatiya Nagarik Suraksha Sanhita
Section 310
Record in warrant-cases
⚡ Quick Answer Reference: Section 310 BNSS
- Provision: Section 310 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section requires that in warrant cases, the Magistrate must record the evidence of each witness in writing or through audio-video means, with the advocate present.
What does Section 310 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 310 of BNSS mean?
Plain English Explanation
This section requires that in warrant cases, the Magistrate must record the evidence of each witness in writing or through audio-video means, with the advocate present.
Practical Interpretation
In practice, this means that Magistrates must ensure accurate and verifiable records of witness testimony, which can be crucial for the fairness and integrity of the trial process.
Core Legal Purpose
The core purpose is to ensure the accuracy and reliability of witness evidence in warrant cases, promoting fairness and transparency in legal proceedings.
- •The evidence of each witness must be taken down in writing or by audio-video electronic means.
- •The Magistrate or an appointed officer must oversee the recording process.
- •The key legal test is the requirement for the evidence to be recorded accurately and in the presence of the advocate.
- •A key exception is when the Magistrate is unable to record the evidence due to physical or other incapacity.
Practical Example of Section 310 BNSS
For instance, in a warrant case against Rajesh for theft, the Magistrate, Ms. Priya, ensures that the evidence of the key witness, Amit, is recorded in writing as Amit testifies. Ms. Priya oversees this process, and Amit's testimony is accurately captured, forming part of the trial record.
Frequently Asked Questions about Section 310 BNSS
Q: What is the punishment or consequence under Section 310 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 the procedure in warrant cases before a Magistrate, not directly to private individuals or public entities, but rather to the conduct of legal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural requirement for the recording of evidence in warrant cases.
Common Questions about Section 310 BNSS
What is Section 310 of BNSS?
Section 310 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record in warrant-cases". In plain terms: This section requires that in warrant cases, the Magistrate must record the evidence of each witness in writing or through audio-video means, with the advocate present.
What is the punishment under Section 310 of BNSS?
Section 310 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 310 of BNSS bailable or non-bailable?
Whether Section 310 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 310 of BNSS?
The essential elements of Section 310 of BNSS are: The evidence of each witness must be taken down in writing or by audio-video electronic means.; The Magistrate or an appointed officer must oversee the recording process.; The key legal test is the requirement for the evidence to be recorded accurately and in the presence of the advocate..
Landmark Judgments under Section 310 BNSS
Sections commonly cited alongside Section 310
Ask Nyaya AI About Section 310
Select a pre-configured prompt to run this section through the grounded research engine.