Record in summons-cases and inquiries.
What this section does
In summons-cases tried before a Magistrate, in inquiries under sections 164 to 167, and in proceedings under section 491 outside a trial, the Magistrate must make a memorandum of the substance of each witness's evidence in the court's language as examination proceeds. If the Magistrate is unable to do so personally, he must record the reason and cause the memorandum to be made in writing or by dictation in open court. The memorandum must be signed by the Magistrate and forms part of the record.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate
- Time limit
- None
Derived from CrPC s.274.
Read the official text
For the binding statutory text of BNSS Section 309, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 309 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.