Skip to content
Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence In Inquiries And Trials

Section 309 BNSS: Record in summons-cases and inquiries

Corresponding CrPC
Section 274 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

In summons-cases tried by a Magistrate, in inquiries under sections 164 to 167 and in certain proceedings under section 491, the Magistrate makes a memorandum of the substance of each witness's evidence in the language of the Court as the examination proceeds. A proviso provides for the case where the Magistrate cannot make it himself.

Chapter XXV: Evidence In Inquiries And Trials

  1. 307 Language of Courts
  2. 308 Evidence to be taken in presence of accused
  3. 309 Record in summons-cases and inquiries
  4. 310 Record in warrant-cases
  5. 311 Record in trial before Court of Session
  6. 312 Language of record of evidence
  7. 313 Procedure in regard to such evidence when completed
  8. 314 Interpretation of evidence to accused or his advocate
  9. 315 Remarks respecting demeanour of witness
  10. 316 Record of examination of accused
  11. 317 Interpreter to be bound to interpret truthfully
  12. 318 Record in High Court
  13. 319 When attendance of witness may be dispensed with and commission issued
  14. 320 Commission to whom to be issued
  15. 321 Execution of commissions
  16. 322 Parties may examine witnesses
  17. 323 Return of commission
  18. 324 Adjournment of proceeding
  19. 325 Execution of foreign commissions
  20. 326 Deposition of medical witness
  21. 327 Identification report of Magistrate
  22. 328 Evidence of officers of Mint
  23. 329 Reports of certain Government scientific experts
  24. 330 No formal proof of certain documents
  25. 331 Affidavit in proof of conduct of public servants
  26. 332 Evidence of formal character on affidavit
  27. 333 Authorities before whom affidavits may be sworn
  28. 334 Previous conviction or acquittal how proved
  29. 335 Record of evidence in absence of accused
  30. 336 Evidence of public servants, experts, police officers in certain cases
ShareWhatsAppTelegramLinkedInX