Record in summons-cases and inquiries
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Summary
Magistrate must make a brief written memorandum of the substance of each witness's evidence as the witness is examined in all summons-cases, in inquiries under sections 145 to 148 (both inclusive), and in proceedings under section 446 that are not part of a trial. If the Magistrate cannot make it personally, he must record the reason and have the memorandum written or dictated in open court. The memorandum must be signed by the Magistrate and becomes part of the record.
Example
Ravi sues his neighbour in a summons-case over a small debt. As Ravi's witness is examined the Magistrate makes a short written record of the substance of the witness's evidence in the court language, signs it, and it becomes part of the case record.
Bare Act
Enacted text(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.
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