Section 311 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 311 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the recording of evidence during trials before a Court of Session. This provision outlines the procedures for documenting witness testimony to ensure accuracy and maintain a reliable record of proceedings.(
📜 Text of Section 311
Section 311: Record in trial before Court of Session
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.(
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.
The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 311 of the BNSS mirrors Section 276 of the Cr.P.C., which similarly mandates the recording of evidence in trials before a Court of Session. Both provisions emphasize the importance of accurately documenting witness testimony to uphold the integrity of the judicial process.
🧭 Practical Implications
Ensuring Accuracy: By requiring the presiding Judge or an appointed officer to record evidence, Section 311 ensures that witness testimonies are accurately captured, reducing the risk of misrepresentation or omission.
Flexibility in Documentation: The provision allows for evidence to be recorded in either a narrative form or a question-and-answer format, providing flexibility to suit the nature of the testimony and the preferences of the court.(
Official Record: Mandating the Judge's signature on the recorded evidence formalizes the document, making it an official part of the court record, which is crucial for appeals and reviews.
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