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Section 306 BNSS to Section 310 BNSS| Section 307 BNSS| Section 308 BNSS| Section 309 BNSS

Updated: Mar 1

Section 306 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Power to issue commission for examination of witness in prison.

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXVI shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.


A.—Mode of taking and recording evidence

Section 307 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Language of Courts.

The State Government may determine what shall be, for purposes of this Sanhita,

the language of each Court within the State other than the High Court.

Section 308 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Evidence to be taken in presence of accused.

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government:

Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.

Explanation.—In this section, "accused" includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita.

Section 309 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

Record in summons-cases and inquiries.

(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.

Section 310 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):

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.

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