Section 311 BNSS: Record in Trial Before Court of Session
Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the manner in which witness evidence is recorded during a trial before a Court of Session. It requires the testimony of each witness to be recorded as the examination proceeds and makes the signed record part of the official court record.
Text of Section 311 BNSS
311. Record in trial before Court of Session.
(1) 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.
(2) 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.
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
What Section 311 BNSS Means
Section 311 lays down the formal method for preparing the record of oral evidence in a Sessions trial. The provision applies to trials before a Court of Session and focuses on three matters: who may record the testimony, the form in which the testimony may be recorded, and authentication of the completed record.
- Recording as the witness is examined: The evidence must be taken down during the examination of the witness.
- Control of the presiding Judge: The Judge may record the evidence personally, dictate it in open court, or have it recorded by a court officer acting under the Judge's direction and superintendence.
- Narrative is the ordinary form: Evidence is normally recorded as a narrative.
- Question-and-answer form is permitted: The presiding Judge may choose to record any part of the evidence in question-and-answer form.
- Judge's signature: The recorded evidence must be signed by the presiding Judge.
- Part of the judicial record: Once recorded and signed, the evidence forms part of the court record.
Purpose of the Provision
The provision creates an authenticated record of witness testimony in a Sessions trial. By requiring recording under the authority of the presiding Judge and requiring the Judge's signature, Section 311 provides a formal record that can be referred to during the proceedings and in later judicial scrutiny, including appellate or revisional proceedings where the trial record is relevant.
Narrative Form and Question-and-Answer Form
Sub-section (2) states that evidence should ordinarily be recorded in narrative form. This means the substance of the witness's testimony is generally written as a continuous account. However, the presiding Judge retains discretion to record, or direct the recording of, any part in question-and-answer form when that format is considered appropriate.
Section 311 BNSS and the Earlier CrPC Provision
| Law | Provision | Subject |
|---|---|---|
| Bharatiya Nagarik Suraksha Sanhita, 2023 | Section 311 | Record in trial before Court of Session |
| Code of Criminal Procedure, 1973 | Section 276 | Record in trial before Court of Session |
The subject of BNSS Section 311 corresponds to Section 276 of the Code of Criminal Procedure, 1973. For proceedings governed by the BNSS, Section 311 should be read together with the surrounding provisions concerning the recording, language, completion, interpretation, and authentication of evidence.
Related BNSS Provisions
Section 311 is part of the group of BNSS provisions dealing with the record of evidence and related court procedure. The immediately following provisions address the language of the record, the procedure after evidence is completed, interpretation of evidence to the accused or advocate, remarks on witness demeanour, and the record of examination of the accused.
Official Source
For the authoritative statutory text and current legislative record, readers should verify the Bharatiya Nagarik Suraksha Sanhita, 2023 through the official India Code portal and relevant notifications of the Ministry of Home Affairs.