Bharatiya Nagarik Suraksha Sanhita, 2023
Section 310 BNSS: Record in Warrant-Cases
Section 310 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the manner in which a Magistrate records the evidence of witnesses in a warrant-case. It forms part of Chapter XXV, dealing with evidence in inquiries and trials.
Meaning of "warrant-case" under the BNSS
Section 2(1)(z) of the BNSS defines a warrant-case as a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. Section 310 therefore applies when such a case is tried before a Magistrate.
What Section 310 requires
- Evidence of every witness must be recorded as the examination proceeds.
- The Magistrate may write the evidence personally or dictate it in open Court.
- If the Magistrate cannot do so because of physical or other incapacity, an appointed Court officer may record it under the Magistrate's direction and superintendence.
- Witness evidence may also be recorded by audio-video electronic means in the presence of the advocate of the accused.
- If another officer records the evidence, the Magistrate must certify why the evidence could not be recorded personally.
- The normal form is narrative, but the Magistrate may record any part in question-and-answer form.
- The completed evidence must be signed by the Magistrate and becomes part of the judicial record.
Section 310 BNSS - statutory text
310. Record in warrant-cases. - (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
Audio-video recording under Section 310
The proviso to Section 310(1) expressly permits witness evidence to be recorded through audio-video electronic means in the presence of the advocate of the accused. Section 2(1)(a) of the BNSS explains that "audio-video electronic means" includes the use of communication devices for video conferencing, recording identification, search and seizure or evidence, transmission of electronic communication, and other means that may be provided by State rules.
This provision should also be read with Section 308 BNSS, which deals with evidence being taken in the presence of the accused or, where personal attendance is dispensed with, in the presence of the accused's advocate, including through audio-video electronic means at a designated place notified by the State Government.
How Section 310 fits with nearby provisions
| Provision | Subject | Relevance |
|---|---|---|
| Section 309 | Record in summons-cases and inquiries | Provides the recording method for summons-cases and specified inquiries. |
| Section 310 | Record in warrant-cases | Prescribes how witness evidence is recorded in warrant-cases before Magistrates. |
| Section 311 | Record in trial before Court of Session | Deals with recording witness evidence in Sessions trials. |
| Section 312 | Language of record of evidence | Governs the language and translation of evidence recorded under Sections 310 and 311. |
| Section 313 | Procedure when evidence is completed | Requires completed evidence to be read over and corrected where necessary. |
Practical effect of Section 310
Section 310 is intended to maintain an authenticated and reliable judicial record of oral testimony. The requirement that the Magistrate sign the evidence makes the recorded testimony part of the formal case record. Where another Court officer records the testimony, the Magistrate's certificate provides a record of why the normal method could not be followed.
The option of audio-video recording is an important procedural feature of the BNSS. It enables electronic recording of testimony while preserving the statutory safeguard that the advocate of the accused must be present when the proviso to Section 310(1) is used.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 310 BNSS broadly corresponds to Section 275 of the Code of Criminal Procedure, 1973, which also dealt with the record of evidence in warrant-cases. For proceedings governed by the BNSS, the current provision is Section 310, subject to the commencement and saving provisions contained in the new criminal procedure law.
Related BNSS provisions
Readers may also refer to Section 307 - Language of Courts, Section 308 - Evidence to be taken in presence of accused, Section 309 - Record in summons-cases and inquiries, and the main Bharatiya Nagarik Suraksha Sanhita, 2023 page.
This page is an informational presentation of the statutory provision. For authoritative use, refer to the official text published by the Government of India.