Record in warrant-cases
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Summary
Each witness's evidence in warrant-cases before a Magistrate must be recorded in writing as the examination proceeds, either by the Magistrate or by his dictation in open court. If the Magistrate cannot do so due to physical or other incapacity, an officer appointed by him may record under his direction; audio-video recording in the presence of the accused's advocate is also permitted. The record is normally narrative but may be in question-and-answer, must be signed by the Magistrate, and forms part of the case record; the Magistrate must certify when others record evidence for him.
Example
Priya files an FIR about theft from her shop. At the warrant trial before the Magistrate the shopkeeper witness is examined and the Magistrate records the evidence in narrative form, signs it, and it becomes part of the case record.
Bare Act
Enacted text(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
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