Record in summonscases and inquiries
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Summary
In summons cases before a Magistrate, in specified inquiries, and in certain non-trial proceedings, the Magistrate must record the substance of each witness's evidence in the language of the Court as the examination proceeds. If the Magistrate cannot make the memorandum himself, he must note why and have it written or dictated in open Court. The memorandum must be signed by the Magistrate and becomes part of the record.
Example
Priya testifies in a summons case about a neighbour dispute. As she answers, the Magistrate notes the substance of her evidence in the court language; when he cannot write he records the reason and has the memorandum written from his dictation in open Court. That signed memorandum is then included in the case record.
Bare Act
Enacted text(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.
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