Law4u - Made in India

What Is BNSS Section 309?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 309: Record in summons cases and inquiries

(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 165 to 168 (both inclusive), and in all proceedings under section 493 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.

Brefe Detail

Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the requirements for recording evidence in summons cases and inquiries. It mandates that a Magistrate must create a memorandum of witness testimonies in the language of the Court. If the Magistrate cannot make this record personally, they must document the reason for their inability and arrange for the memorandum to be created from their dictation. This memorandum must be signed by the Magistrate and will be included in the official record.

Question & Answers

What is required of a Magistrate in summons cases according to Section 309?

The Magistrate must make a memorandum of the substance of the evidence as each witness is examined.

What should happen if the Magistrate is unable to make the memorandum themselves?

The Magistrate must record the reason for their inability and arrange for the memorandum to be made in writing or from their dictation in open Court.

How is the memorandum treated once created?

The memorandum must be signed by the Magistrate and will form part of the official record.

Example

  • Example 1: In a summons case involving a theft, as witnesses are examined, the Magistrate creates a memorandum summarizing their testimonies in the Court's language.
  • Example 2: If the Magistrate is unable to write down the evidence due to a health issue, they document this reason and have a clerk write the memorandum based on their dictation.

Summary

Section 309 emphasizes the importance of accurately recording witness testimonies in summons cases and inquiries. It outlines the responsibilities of the Magistrate in creating a memorandum, ensuring that all evidence is documented properly and included in the case record, thereby maintaining the integrity of the legal process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Suresh Kumar Jasaiwal

Advocate Suresh Kumar Jasaiwal

Criminal,Family,Civil,High Court,Landlord & Tenant,Labour & Service,

Get Advice
Advocate Santosh Jatav

Advocate Santosh Jatav

Cheque Bounce, Landlord & Tenant, Cyber Crime, Customs & Central Excise, Corporate, Consumer Court, Armed Forces Tribunal, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, High Court, Family, Immigration, Insurance, Labour & Service, International Law, Domestic Violence, GST, Succession Certificate, Motor Accident, Media and Entertainment, Wills Trusts, Revenue

Get Advice
Advocate Sanjay Kumar Mahato

Advocate Sanjay Kumar Mahato

Anticipatory Bail, Banking & Finance, Criminal, Insurance, Property

Get Advice
Advocate एड. तनुज वार्ष्णेय

Advocate एड. तनुज वार्ष्णेय

Banking & Finance, Corporate, Cyber Crime, GST, Tax

Get Advice
Advocate Rakesh Kumar Sharma

Advocate Rakesh Kumar Sharma

High Court, Anticipatory Bail, Motor Accident, Civil, Cheque Bounce

Get Advice
Advocate Kshitiz Chandra Roy

Advocate Kshitiz Chandra Roy

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Startup, Supreme Court, Trademark & Copyright, Revenue

Get Advice
Advocate Hardik Prajapati

Advocate Hardik Prajapati

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Isac Camilus B

Advocate Isac Camilus B

Breach of Contract, Consumer Court, Cyber Crime, GST, Domestic Violence, High Court, Landlord & Tenant, R.T.I, Trademark & Copyright, Criminal

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.