Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 309

BNSS 309: earlier CrPC 274

Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 274 of the Code of Criminal Procedure, 1973. BNSS 309 deals with record in summons-cases and inquiries. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 309 was CrPC 274.

Record in summons-cases and inquiries.

Carried over
97% of the old wording kept
Old · CrPC 1973 · Ch. XXIII
s. 274
Record in summons-cases and inquiries
(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXV
s. 309
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.
Text from India Code

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