Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
Sessions Courts try the most serious criminal cases, and appeals often hinge on exactly what a witness said. This rule, carried forward from Section 275 of the old CrPC, ensures there is an accurate, judge-verified written transcript rather than a lawyer's summary or a fading memory, so higher courts reviewing the case later can trust the record.
Common misconceptions
- Myth: The lawyers are responsible for writing down what a witness says.
Fact: It is the judge, or a court officer working directly under the judge's supervision, who is responsible for recording the evidence, not the lawyers.