Record in trial before Court of Session
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Summary
In trials before a Court of Session, each witness's evidence must be written down as the witness is examined, either by the presiding Judge, by his dictation in open Court, or under his direction by an officer he appoints. The record is normally in narrative form, but the Judge may record parts as question and answer. The presiding Judge signs the written evidence and it becomes part of the record.
Example
Priya is a witness in a Court of Session trial. As she answers questions, the presiding Judge or an officer appointed by him writes her testimony down in narrative form; the Judge may record some parts as question and answer. The presiding Judge signs the written testimony and it becomes part of the court record.
Bare Act
Enacted text(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.
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