(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.
Bharatiya Nagarik Suraksha Sanhita
Section 311
Record in trial before Court of Session
Englishहिंदी
⚡ Quick Answer Reference: Section 311 BNSS
- Provision: Section 311 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: In trials before a Court of Session, the evidence of each witness must be written down as they testify. This can be done by the judge, under the judge's direction, or by an officer of the court. The written evidence will be signed by the judge and become part of the court record.
Statutory Content
What does Section 311 of BNSS say?
Indian StandardSection 311, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 311 (India)
Court Pleading StandardSection 311 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/311
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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 311 of BNSS mean?
Plain English Explanation
In trials before a Court of Session, the evidence of each witness must be written down as they testify. This can be done by the judge, under the judge's direction, or by an officer of the court. The written evidence will be signed by the judge and become part of the court record.
Practical Interpretation
This section ensures that the evidence of witnesses is accurately recorded during trials before a Court of Session. This helps to maintain the integrity of the trial process and ensures that all evidence is properly documented.
Core Legal Purpose
The core purpose of this section is to ensure that the evidence of witnesses is accurately recorded during trials before a Court of Session, thereby maintaining the integrity of the trial process.
Key Legal Elements
- •The evidence of each witness must be taken down in writing during the trial.
- •The evidence can be taken down by the presiding Judge, under his direction, or by an officer of the Court.
- •The evidence must be taken down in the form of a narrative, unless the presiding Judge decides to take it down in the form of question and answer.
- •The evidence must be signed by the presiding Judge and become part of the record.
Practical Example
Practical Example of Section 311 BNSS
Rajesh is on trial for a crime in a Court of Session. During the trial, Priya is called as a witness. As Priya testifies, the evidence of her testimony is taken down in writing by the court officer under the direction of the presiding Judge. The written evidence is then signed by the Judge and becomes part of the court record.
Common Questions (FAQ)
Frequently Asked Questions about Section 311 BNSS
Q: What is the punishment or consequence under Section 311 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 trials before a Court of Session, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 311 BNSS
What is Section 311 of BNSS?
Section 311 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record in trial before Court of Session". In plain terms: In trials before a Court of Session, the evidence of each witness must be written down as they testify. This can be done by the judge, under the judge's direction, or by an officer of the court. The written evidence will be signed by the judge and become part of the court record.
What is the punishment under Section 311 of BNSS?
Section 311 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 311 of BNSS bailable or non-bailable?
Whether Section 311 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 311 of BNSS?
The essential elements of Section 311 of BNSS are: The evidence of each witness must be taken down in writing during the trial.; The evidence can be taken down by the presiding Judge, under his direction, or by an officer of the Court.; The evidence must be taken down in the form of a narrative, unless the presiding Judge decides to take it down in the form of question and answer..
Landmark Case Laws
Landmark Judgments under Section 311 BNSS
Patnahcucisdb94 High Court (10 8)
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