Bharatiya Nagarik Suraksha Sanhita, 2023

Section 309 BNSS: Record in Summons-Cases and Inquiries

Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes how a Magistrate must record the substance of evidence in summons-cases and in specified inquiries and proceedings. The BNSS came into force on 1 July 2024.

Text of Section 309 BNSS

309. (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.

What Section 309 requires

The provision applies to summons-cases tried before a Magistrate.
It also applies to inquiries under Sections 164, 165, 166 and 167 of the BNSS.
It applies to proceedings under Section 491 when those proceedings are otherwise than in the course of a trial.
As each witness is examined, the Magistrate must make a memorandum containing the substance of the evidence in the language of the Court.
If the Magistrate cannot personally make the memorandum, the reason must first be recorded. The memorandum may then be made in writing or from the Magistrate's dictation in open Court.
The memorandum must be signed by the Magistrate and becomes part of the court record.

Proceedings referred to in Section 309

Section 309 expressly refers to Sections 164 to 167 and Section 491 of the BNSS. These provisions deal with the following subjects:

Purpose and practical effect

Section 309 provides a simplified method of recording evidence for the proceedings identified in the provision. Instead of requiring the full evidence of every witness to be recorded in the manner prescribed for warrant-cases, the Magistrate records a memorandum of the substance of the evidence while the witness is being examined.

The statutory safeguards remain important: the memorandum must be made contemporaneously with the examination, the Magistrate must record reasons if unable to prepare it personally, and the completed memorandum must be signed and included in the record.

Related BNSS provisions

Official source

The official text and section index of the Bharatiya Nagarik Suraksha Sanhita, 2023 are available on India Code.

This page is a legal information resource. For a case-specific issue, read Section 309 together with the connected BNSS provisions, applicable rules, and binding judicial decisions.