Record in warrant-cases
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Summary
Each witness in a warrant-case tried by a Magistrate must have their evidence written down as they are examined, either by the Magistrate, by his dictation in open court, or, if he cannot, by an officer appointed under his direction. Evidence may also be recorded by audio-video means in the presence of the accused's advocate and is ordinarily taken in narrative form, though the Magistrate may use question-and-answer. The Magistrate must sign the record and certify when he could not take it down himself.
Example
Priya, a shopkeeper, testifies in a warrant-case of shop theft. The Magistrate has a wrist injury, so he appoints a court officer to take down her evidence under his direction; the Magistrate signs and certifies that he could not write it himself, and the record becomes part of the case file.
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, by 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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