Jan 20, 2018
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Record of Evidence Under Code Criminal Procedure Code, 1973

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Record of Evidence Under Code of Criminal Procedure, 1973

Record in summons-cases and inquiries (Section 274)

In all summons-cases, in all inquiries and also all proceedings before a Magistrate. The Magistrate shall after examination of each witness, proceed to make a memorandum of the substance of the evidence in the language of the Court.  Provided that if the Magistrate unable to make such memorandum himself. He shall record the reason for his inability to so. Then he shall also cause such memorandum to made in writing in open court from his dictation. Such memorandum shall signed by the Magistrate and shall form part of the record.

Record in warrant-cases (Section 275)

In all warrant-cases, the evidence taken from each witness shall treated as his examination proceeds. The Magistrate who tried such warrant cases, shall take down in writing. He may either himself or by his dictation in open court take down the evidence. Where magistrate unable to do so because of physical or any other incapacity. He may direct under his superintendence an officer of the Court appointed by him in this behalf.

Provided that evidence of a witness under this sub-section may also recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. The magistrate shall also record a certificate that evidence could not taken down by himself for the reason given above.  Such evidence shall ordinarily taken down in the form of a narrative. The Magistrate may, in his discretion take down, or cause to taken down, any part of such evidence in the form of question and answer. The evidence so taken down shall signed by the Magistrate and shall accordingly record.

Record in trial before Court of Session (Section 276)

In all trials, the evidence taken from each witness shall treated as his examination proceeds. The court of session who tried the case, shall take down in writing. The presiding judge of court f session, may either himself or by his dictation take down the evidence. Where the judge unable to do so because of physical or any other incapacity. He may direct under his superintendence an officer of the Court appointed by him in this behalf. Such evidence shall ordinarily taken down in the form of a narrative. The presiding Judge may, in his discretion take down or cause to taken down, any part of such evidence in the form of question and answer. The evidence so taken down shall signed by the presiding Judge and shall form part of the record.

Record of examination of accused (Section 281)

Whenever a Metropolitan Magistrate examines the accused. He shall make a memorandum of the substance of the examination. The memorandum shall taken down in the language of court. Such memorandum shall also signed by the Magistrate and shall form part of the record.

Whenever any Magistrate other than a Metropolitan Magistrate, or by a Court of Session examines the accused. The whole of such examination shall recorded by the presiding Judge or Magistrate. The examination shall also include the question asked and answer given by such judge or Magistrate. Where the judge or Magistrate unable to take down or record because of physical or any other incapacity. He shall direct under his superintendence by an officer of the Court appointed by him in this behalf.  The record shall taken down in the language in which examination of accused conducted. If not, then in language of the court.

The record shall shown to or read by the accused. If he does not understand the language in which its written. Then court  shall  interpreted to him in a language which he understands. He shall also be at liberty to explain or add to his answers. It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. Examination under summary trial not covered under this section.

Record of evidence in absence of accused (section 299)

If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or commit for trial such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.

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Criminal law

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